A legally valid and up-to-date will is one of the most important tools in estate planning. At Warnock & Associates, we often remind our clients that their will is not a “set it and forget it” document. In Alberta, several life events — such as marriage, divorce, birth of children, or a change in financial circumstances — may require you to formally update your will.

In this article, we’ll explain what Alberta law requires when it comes to revising a will, and why regular updates are essential to ensure your estate is distributed according to your wishes.

Why You Must Update Your Will: Legal and Practical Reasons

Many people create a will and assume it will cover them for life. However, Alberta’s Wills and Succession Act outlines situations where an outdated will can lead to confusion, legal disputes, or unintended outcomes.

Here are some of the most common life events that require a will review:

1. Marriage or Entering a New Adult Interdependent Relationship

Under Alberta law, getting married does not revoke a will. This differs from other provinces like Ontario where marriage automatically invalidates a prior will.

However, if your existing will does not include your new spouse or adult interdependent partner, this could lead to estate litigation or unintended exclusion. In Alberta, a spouse or partner who is not adequately provided for in a will may file a claim under the Family Maintenance and Support provisions of the Wills and Succession Act.

2. Separation or Divorce

A divorce in Alberta automatically revokes any gifts made to a former spouse and any appointment of that spouse as executor or trustee — unless the will states otherwise.

However, separation (without divorce) does not have the same legal effect. If you separate but do not formally divorce, and you fail to update your will, your ex-partner could still inherit from your estate.

To avoid this risk, it is essential to update your will as soon as separation or divorce occurs.

3. Birth or Adoption of Children

If your will was created before you had children, it likely lacks crucial provisions — such as naming a guardian, setting up a trust, or distributing assets in a way that reflects your new responsibilities.

Alberta courts will prioritize the best interests of the child if no guardian is named, but the process can be costly and contentious. Updating your will ensures that your child’s care and financial future are clearly addressed.

4. Death of a Beneficiary or Executor

If someone named in your will has passed away — whether they are a beneficiary, executor, or guardian — your will should be updated immediately. While Alberta law does allow for contingent beneficiaries and alternate executors, these must be clearly specified to avoid gaps in your estate plan.

If no replacement is named, the court may appoint an administrator, delaying probate and increasing legal costs.

5. Significant Changes in Financial Circumstances

Whether you’ve sold a business, acquired new assets, or entered into debt, your will should reflect your current financial situation. Failure to do so may result in certain beneficiaries being unintentionally favoured or disinherited.

Wills that no longer align with your asset structure can create tax complications and administrative delays. Proper estate planning, including trust setup or specific bequests, should be revised with professional legal advice.

6. Moving to or From Alberta

If you’ve recently moved to Alberta or plan to leave the province, it’s important to review how your will aligns with Alberta’s legal framework. Each province in Canada has its own legislation, and some aspects of a will — such as executor powers or real property treatment — may vary.

An Airdrie-based wills and estates lawyer can help ensure your will is compliant with Alberta laws and that your intentions are enforceable across provincial boundaries.

How to Legally Update Your Will in Alberta

Updating a will in Alberta must be done through one of the following legally valid methods:

Create a New Will

This is often the best option, especially if major changes are required. A new will automatically revokes the previous one, provided it includes a revocation clause.

Add a Codicil

A codicil is a legal amendment to an existing will. While it can be appropriate for minor updates (like changing an executor), it must meet the same formal requirements as a will — including being in writing and witnessed by two individuals.

Codicils can be confusing and are falling out of favour, especially with the ease of preparing a new will.

Common Mistakes to Avoid

  • Writing changes directly on your printed will – These are not legally valid and may cause the will to be challenged.

  • Failing to inform your executor – Always ensure your executor knows where to find your latest will and understands their responsibilities.

  • Using DIY templates without legal review – Online or store-bought wills can lead to invalid documents if not properly executed under Alberta law.

When Should You Review Your Will?

As a general rule, review your will:

  • Every 3–5 years, and

  • Immediately after any major life event

Why Choose Warnock & Associates for Your Will Update

At Warnock & Associates, we have deep experience helping Airdrie and Alberta families create, update, and execute legally valid wills. We understand the local laws, the nuances of family dynamics, and the risks of poorly drafted documents.

Our goal is to provide clear, comprehensive estate planning services so your loved ones are protected and your wishes are honoured.

Next Steps: Book a Consultation

If you’ve experienced a life change and aren’t sure if your will is still valid, speak to our team today.

👉 Learn more about our Wills & Estates services here

📍 Warnock & Associates – 225 1 Ave NW, Airdrie, AB T4B 2M8
📞 Call us – 403-948-0009 or book an appointment through our website