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Alberta residents, prepare your Last Will and Testament with this easy-to-use template. The Will form includes provisions for: - bequeathing your estate to your spouse or life partner; - family demise clauses (in other words, what happens to the estate if there are no survivors among the spouse and children); - provisions for guardianship of minor children; - also included is an Affidavit of Attestation in the prescribed form required for probate or administration of the estate. This Alberta Last Will and Testament form is provided in MS Word format, and is easy to download, fill in and print.
LAST WILL AND TESTAMENT THIS IS THE LAST WILL AND TESTAMENT of me, [TESTATOR], of [street address], [city], Alberta. PART I - INITIAL MATTERS REVOCATION 1.1 I REVOKE all former Wills, codicils and testamentary dispositions made by me. MARITAL STATUS 1.2 I DECLARE that I am [single / married to (full name of spouse) /cohabiting with my life partner (full name of partner) / divorced from (full name of ex-spouse) / a widow(er)]. (If you have entered into a prenuptial, marital, cohabitation or other type of spousal contract, give the date and other particulars which will help your executor to locate and identify it, such as the name of the lawyer who prepared it) EXECUTOR(S) AND TRUSTEE(S) 1.3 I APPOINT my spouse, [FULL NAME OF SPOUSE], of [city], Alberta, to be the Executor and Trustee of this my Will; PROVIDED that if my Spouse shall die either in my lifetime or after my death but before the trusts hereof shall have terminated, or be unable or unwilling to act or to continue to act as such Executor and Trustee, or cease to be a resident of Canada within the meaning of the Income Tax Act, then I APPOINT [FULL NAME OF ALTERNATE TRUSTEE], of [city], [province], to be my Executor and Trustee of this my Will, in the place and stead of my said spouse. 1.4 References to “my Trustee” in this my Will shall include each Executor, Executrix, Administrator, Administratrix and Trustee of my Will, my Estate or any portion thereof, who may be acting as such from time to time whether original, alternate, or otherwise appointed and all references to “my Trustee” in this my Will shall be read with all changes of gender and number as required by the context. 1.5 I HEREBY exempt my Trustee from the obligation of providing security for administering my estate, notwithstanding anything to the contrary contained in any federal, provincial or foreign legislation having jurisdiction. HEADINGS & INTERPRETATION 1.6 I DECLARE that the paragraph headings in this Will are for convenience only and shall not be construed to affect the meanings of the paragraphs so headed. 1.7 I DIRECT that throughout my Will, wherever the plural is used it shall be construed as meaning the singular or vice versa and the masculine shall be construed as meaning the feminine or a body corporate as the context requires. -2- 1.8 Any reference to “issue” shall mean the child or children of any child of mine who may predecease me, or having survived my death, die before becoming entitled to receive the whole of his or her share of my estate. SURVIVAL 1.9 I DIRECT that anyone who survives me but dies within a period of thirty (30) days following my death shall be deemed to have predeceased me for the purpose of this my Will and the distribution of my estate. DISPOSITION OF REMAINS 1.10 I DIRECT that after my death my remains be disposed of in the following manner: (instructions for disposition of remains, whether burial, cremation, interment, and any specific wishes for funeral arrangements - for instance, the holding of a wake - can go in this section) PART II - DISPOSITION OF ESTATE 2.1 I GIVE AND APPOINT all my property, including any property over which I may have a general power of appointment to my Trustee upon the following trusts: DEBTS 2.2 To pay out of and charge to the capital of my general estate my legally enforceable debts, funeral and testamentary expenses and all estate, inheritance and succession duties or taxes whether imposed by or pursuant to the law of this or any other jurisdiction whatsoever that may be payable in connection with any property passing (or deemed so to pass by any governing law) on my death or in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship or by this my Will or any Codicil thereto. INSURANCE 2.3 I DECLARE that the proceeds of all insurance policies on my life of which my estate is a beneficiary shall be paid to my Trustee and held in trust in accordance with the provisions of this my Will. This declaration shall be a declaration within the meaning of the Insurance Act. SPECIFIC BEQUESTS 2.4 I BEQUEATH by particular title and in absolute ownership, and I DIRECT my Trustee to transfer, deliver and set over unto each of the following persons who have survived me at the time of my death, the specific items as set forth below: (a) To my [e.g. son, niece, uncle, etc], [FULL NAME] of [ADDRESS], [full description of item(s); (b) [repeat for each beneficiary / item]. Testator’s Initials: _____ Witness Initials: _____ Witness Initials: _____ -3- 2.5 I BEQUEATH, and I DIRECT my Trustee to pay, to the [parties/institutions/organizations] set out below the specific amounts following their respective names: [name of charity or other organization] $[amount] RESIDUE 2.6 My Trustee shall pay or transfer the residue of my estate to my spouse, [SPOUSE], provided that my spouse survives me for a period of thirty (30) days after my death. If my spouse should predecease me or die within a period of thirty (30) days after my death, my Trustee shall divide the residue of my estate into as many equal shares as there shall be children of mine alive at the time of my death, and I DECLARE that if any child of mine predeceases me or dies within a period of thirty (30) days after my death and if any issue of such deceased child shall then be living such deceased child of mine shall be considered as alive for the purposes of such division. If such deceased child has no issue at the time of my death, then I direct my Trustee to pay that child’s share of my estate equally amongst my other children then alive at my death. 2.7 My Trustee shall set aside one of such equal shares for each child of mine who shall be living at the date of my death and who has not yet reached the age of majority and shall keep such share invested and shall pay so much of the net income therefrom and capital thereof as my Trustee in their discretion consider necessary or advisable to or for such child to be used for his or her education, care, maintenance and benefit until he or she attains the age of ______ years when the capital of such share shall be paid or transferred to him or her; any income not so paid or applied in any year shall be added to the capital of such share and dealt with as part thereof. If such child should die before attaining the age of ______ years, the share, or the amount thereof remaining shall be paid or transferred to the child or children of such deceased child, and if more than one, in equal shares, or if such child should leave no children surviving him or her, to my issue in equal shares per stirpes. FAMILY DEMISE 2.8 In the event that my spouse and my children predecease me or die within a period of thirty (30) days after my death then I DIRECT my Trustee to divide such residue, per capita, among the survivors of the following individuals: [list of contingent beneficiaries to inherit the estate if your spouse and children do not survive you] BEQUESTS NOT SUBJECT TO SEIZURE 2.9 The bequests made under this my Will are intended as alimentary provisions, and shall not be subject to seizure for the payment of any debts of any beneficiary or legatee hereunder or any representative or agent of such beneficiary or legatee. Testator’s Initials: _____ Witness Initials: _____ Witness Initials: _____ -4- PART III - ADMINISTRATION OF ESTATE 3.1 TO CARRY OUT the terms of my Will I give my Trustee the following powers: ASSISTANCE TO TRUSTEE 3.2 I AUTHORIZE my Trustee to employ and pay any other individual(s) or body/bodies corporate as the agent of my Trustee to transact any business or to do any act of any nature in relation to this my Will and the trusts hereof, including the receipt and payment of money, without being liable for any loss incurred thereby. I authorize and empower my Trustee to appoint from time to time upon such terms as my Trustee may think fit an agent for the purpose of exercising any of the trusts or powers herein expressly or impliedly given to my Trustee with respect to any property belonging to me. I authorize and empower my Trustee to retain legal counsel and accounting advice from time to time upon such terms as my Trustee may think fit to assist my Trustee in exercising any of the trusts or powers herein expressly or impliedly given to my Trustee. REALIZATION 3.
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