In this guide, you will find information, resources and links for some of the following subjects:
- Estates
- Estate litigation
- Personal directives
- Powers of attorney
- Probate
- Trusts
- Wills
Texts
- Alberta Wills and Estates Legislation editor Anne De Villars Table of Contents
- Alberta Wills and Estates Practice Manual by Legal Education Society of Alberta Table of Contents
- Advance care planning : prepare for serious illness by sharing your wishes for future health and personal care by Connie Jorsvik. Table of Contents
- Digital assets and probate : a practitioner’s guide by James Normington Table of Contents
- Digital Estate by Leigh Sagar & Jack Burroughs Table of Contents
- Estate Litigation, 2nd by Brian Schnurr Table of Contents
- Estate Planning Precedents: a Solicitor’s Manual by Lindsay Ann Histrop & Donna C. Cappon. Table of Contents. Available online
- Estate Planner’s Handbook, 5th ed. by Robert Spenceley Table of Contents
- Estate Planning Handbook, 5th ed. by John Allen & Brian J. Quinlan Table of Contents. Available online
- Estate Planning for the Blended Family by L. Paul Hood Jr. & Emily Bouchard Table of Contents
- Mediating Estate Disputes by Susan Easterbrook & Francine Herlehy Table of Contents
- Miller Thomson on Estate Planning by Miller Thomson Table of Contents Available online
- You Can’t Take it With You: Common-Sense Estate Planning for Canadians, 6th ed. by Sandra Foster Table of Contents
Last revised June 11, 2024
- Alberta Estate Administration Manual by David J. Koski Table of Contents Only online
- Compensation & Duties of Estate Trustees, Guardian & Attorneys by Jennifer J. Jenkins, H. Mark Scott & Edward F. Olkovich Table of Contents – Ontario based. Available online
- Estate Administration: a Solicitor’s Reference Manual, by Anne Armstrong Table of Contents Full text online
- Executor’s Handbook, 6th ed. by Jennifer Greenan Table of Contents
- How Executors Avoid Personal Liability: a Handbook for Executors and Beneficiaries by Lynn Butler Table of Contents
- So You’ve Been Appointed Executor, 4th ed. by Tom Carter Table of Contents
- Widdifield on Executors and Trustees, 6th ed. by Carmen Theriault Table of Contents Available online
- Williams, Mortimer and Sunnucks on Executors, Administrators and Probate, 22nd ed. by Edward Williams, Herbert Mortimer & J.H.G. Sunnucks Table of Contents
Last revised May 16, 2024
- Drafting Personal Directives and Enduring Powers of Attorney by Legal Education Society of Alberta Table of Contents
- Power of Attorney Litigation, 2nd ed. by Ian M. Hull & Suzana Popovic-Montag Table of Contents
- Powers of Attorney and Capacity Practice and Procedure by Jasmine Sweatman Table of Contents
- Enduring Powers of Attorney and Personal Directives by Legal Education Society of Alberta Table of Contents
- Preparation of Wills and Powers of Attorney: First Interview to Final Report, 5th ed. original text by Mary l. MacGregor updated text by Lucinda E. Main Table of Contents
Last revised July 27, 2023
- Constructive Trust Claims by Legal Education Society of Alberta Table of Contents
- Drafting Trusts & Will Trusts in Canada, 5th ed. by James Kessler & Fiona Hunter Table of Contents – includes CD
- Drafting Your First Trust by Legal Education Society of Alberta Table of Contents
- Law of Trusts, 3rd ed. by Eileen Gillese Table of Contents – Available online
- Lewin on Trusts, 20th ed. by Lynton Tucker, Nicholas Le Poidevin & James Brightwall Table of Contents
- Oosterhoff on Trusts: Text, Commentary and Materials, 9th ed. by A.H. Oosterhoff Table of Contents
- Snell’s Equity, 34th ed. by John McGee Table of Contents
- Taxation of trusts and estates : a practitioner’s guide by Grace Chow Table of Contents
- Trusts in Common-law Canada, 3rd ed. by Dennis Pavlich Table of Contents
- Waters’ Law of Trusts in Canada, 5th ed. by Donovan Waters Table of Contents Full text online.
Last revised May 16, 2024
- Capacity and Undue Influence, 2nd ed. by John Poyser Table of Contents
- Challenging the Validity of Wills, 2nd ed. by Ian Hull & Suzana Popovic-Montag Table of Contents
- Drafting Considerations for Wills & Estates Practitioners by Legal Education Society of Alberta Table of Contents
- Drafting Wills in Canada: a Lawyer’s Practical Guide, 3rd ed. by Robin Solnik, Bruce Gillingham & Caroline G.S. Kiva. Table of Contents
- Drafting Your First Will by Legal Education Society of Alberta Table of Contents
- Feeney’s Canadian Law of Wills, 4th ed. by James MacKenzie Table of Contents
- Mistakes in Wills in Canada by Stanley Sokol Table of Contents
- Oosterhoff on Wills, 9th ed. by A.H. Oosterhoff, Robert Chambers & Mitchell McInnes Table of Contents
- Preparation of Wills and Powers of Attorney: First Interview to Final Report, 5th ed. original text by Mary l. MacGregor updated text by Lucinda E. Main Table of Contents
- Williams on Wills, 11th ed. by C.H. Sherrin Table of Contents
- Wills and Estates, revised 5th ed. by Derek Fazakas Table of Contents
Last revised Aug. 31, 2023
Forms and Precedents
- Alberta Wills and Estates Practice Manual by Legal Education Society of Alberta Table of Contents
- Canadian estate administration guide Table of Contents – v. 2 for Alberta specific forms
- Canadian Forms & Precedents: Wills & Estates, 2nd ed. by Margaret Rintoul Table of Contents Also available through Lexis Advance® Quicklaw®
- Drafting Personal Directives and Enduring Powers of Attorney by Legal Education Society of Alberta Table of Contents
- Drafting Trusts & Will Trusts in Canada, 4th ed.by James Kessler & Fiona Hunter Table of Contents
- Drafting Wills in Canada: a Lawyer’s Practical Guide, 3rd ed. by Robyn Solnik, Brian Gillingham & Caroline G.S. Kiva Table of Contents
- Drafting Your First Will by Legal Education Society of Alberta Table of Contents
- Elder Law Topics by Legal Education Society of Alberta Table of Contents
- Estate Planning Precedents: a Solicitor’s Manual by Lindsay Histrop Table of Contents
- Last will & testament and living will. Self counsel Press
- O’Brien’s Encyclopedia of Forms, 11th ed. by John Honsberger Div. 5 Wills & Trusts
- Power of Attorney Kit, 11th ed. by Peter J. Georgas Table of Contents
- Preparation of Wills and Powers of Attorney: First Interview to Final Report, 5th ed. original text by Mary l. MacGregor updated text by Lucinda E. Main Table of Contents
- Tax Planned Will Precedents, 4th ed. by Alison Scott Butler Table of Contents Available online
- Write Your Legal Will in 3 Easy Steps, 4th ed.by Tom Carter Table of Contents
Last revised Aug. 22, 2024
- Surrogate Forms – non-contentious matters
- Office of the Public Guardian & Trustee (OPGT)– Forms and information
Case Law
For more information on finding cases see our research guide: Finding and Researching Cases
E-Resources
Legislation
Uniform Acts
- Wills – Uniform Law Conference of Canada
Provincial
- Adult Guardianship and Trusteeship Act, SA 2008 c. A-4.2
- Dower Act, RSA 2000, c D-15
- Estate Administration Act, SA 2014 c E12.5
- Personal Directives Act, RSA 2000, c P-6
- Human Tissue and Organ Donation Act, SA 2006, c H-14.5
- Public Trustee Act, SA 2004, c P-44.1
- Powers of Attorney Act, RSA 2000, P-20
- Trustee Act, SA 2022 c T-8.1
- Wills and Succession Act, SA 2010, c W-12.2
To access or purchase the official version, go to: Alberta King’s Printer
Last revised June 26, 2024
Encyclopedias
Canadian Encyclopedic Digest (C.E.D.) (Western), 4th ed.
Sections relevant to wills and estate law include:
- Executors and Administrators
- Medical Incapacity (Western)
- Trusts
- Wills
Available electronically through: Westlaw Canada
This multi-volume set includes coverage of Federal, Provincial & Territorial legislation. It explains the legislation and cases which govern wills and estate law issues in every jurisdiction in Canada.
Titles related to wills and estate law include:
Additional information may be found under other topical headings.
Also available electronically through: LexisAdvance® Quicklaw®
Definitions
Attestation: Witnessing a written instrument and signing it as a witness. 1
Codicil: A written document that makes a change or an addition to the will. It is executed by the testator, in accordance with the same formalities as a will. 2
Holograph Will: A will written completely in the handwriting of the person making it, having no witnesses to the signature of the testator. 3
Intervivos Trust: A trust other than a testamentary trust. Created by writing a deed or oral declaration, a trust which is to take effect during the lifetime of the trust’s creator. 1
Living Will: also referred to as personal directive. An instrument, signed with the formalities statutorily required for a will, by which a person directs that his or her life not be artificially prolonged by extraordinary measures when there is no reasonable expectation of recovery from extreme physical or mental disability. 4
Personal Directive: according to the Personal Directives Act (RSA 2000, c P-6, s 7) “A personal directive may contain information and instructions respecting any personal matter” – while some examples are set out in the Act, the list is not exhaustive. There are certain requirements that must be met in order to qualify as a personal directive such as being in writing, being dated, signed and witnessed in accordance with the statute.
Probate: The process of “proving” a will. 3 The term has become a term of procedure describing the outcome of the court process wherein Letters Probate are granted verifying that a will has been proven. In Alberta currently, the Rules of Court provide that an application for a grant of probate may be made (Surrogate Rule 10(1) (a)(i)) and the term Letters Probate is not used. 5
Surrogate Court: The court responsible for the appointment of personal representatives and generally involved with problems arising during the administration of estates. In Alberta it is a division of the King’s Bench. 3
Testamentary Trust: A trust that arises upon and in consequence of the death of an individual. 1
Testate: The act of dying with a will. 2
- Daphne Dukelow, The Dictionary of Canadian Law 4th ed. (Toronto: Carswell, 2011)
- Jennifer Greenan, The Executor’s Handbook 5th ed. (Toronto: CCH Canadian Limited, 2015)
- Cheryl Gotslieb, Wills for Alberta (North Vancouver : Self-Counsel Press, 1998)
- Black’s Law Dictionary 9th ed. (St. Paul, Minnisota : West, 2009)
- Alberta Rules of Court, Surrogate Rules, Alberta Regulation 130/95 as amended, Court of King’s Bench Act
Journals
- Estates, Trusts & Pensions Journal (Est Tr & Pensions J)
Formally Estates and trusts journal and Estates and trusts quarterly
- Index to Canadian Legal Literature (ICLL) – Available electronically on Westlaw Canada and Lexis Advance® Quicklaw®
- Current Index to Legal Periodicals (CILP) – Available electronically on HeinOnline
Additional full-text articles are available electronically through:
- vLex Justis
- Lexis Advance® Quicklaw®
- Westlaw Canada – contains a collection of Canadian journals and law reviews, as well as all articles and case comments appearing in Carswell law reports.
- HeinOnline – provides full-text access to Canadian and international law reviews and legal journals.
Websites
- Office of the Public Guardian & Trustee (OPGT)– Forms and information
- Understanding Personal Directives– 2022
- Wills, personal directives and enduring powers of attorney in Alberta
- Register a death
- Finding a Will – made in Alberta
Last revised Jan. 12, 2023
- Canadian Bar Association – National Wills Estates and Trusts Section
- What to do Following a Death – Canada Revenue Agency
Last Revised Jan. 12, 2023
- Planning ahead resource booklets (including some in French, Spanish, Somali, and Tagalog) – Centre for public legal education Alberta; Topics include making a will, personal directives, power of attorney, medical assisted dying etc.
- History and Description of the Public Trustee
- Older Adults Knowledge Network (Oaknet) – Centre for public legal education Alberta
- Preparing a Will 2015
- Wills Personal Directives Powers of Attorney 2021
- Wills & Estates – video presented by Edmonton Community Legal Centre
Last revised Jan. 12, 2023
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