What Is a Holographic Will in Alberta?

When planning your estate, you may hear about a document called a holographic will. In Alberta, this type of will is handwritten by the testator (the person making the will) and signed without the need for witnesses.
While a holographic will may sound simple, it comes with serious risks. In this article, we’ll explain how holographic wills work in Alberta, whether they’re legally valid, and why most people are better served with a formal, lawyer-drafted will.

For personalized guidance, explore our Wills & Estates services at Libra Law.

What Is a Holographic Will?

A holographic will is a will written entirely in the testator’s own handwriting and signed by them. Unlike a traditional will, it:

Does not require witnesses in Alberta.
Must be completely handwritten by the testator.
Cannot be typed and then simply signed — that would not qualify as a holographic will.

Holographic wills are often created in emergencies or when people want a quick, low-cost option.

Are Holographic Wills Valid in Alberta?

Yes, under Alberta’s Wills and Succession Act, holographic wills are recognized as legally valid — provided they meet the requirements:

Entirely handwritten by the testator.
Signed by the testator.
Clearly intended to function as a will.

However, validity does not mean clarity. Courts often face challenges interpreting holographic wills, especially when they are vague, incomplete, or written under stressful conditions.

Risks of Relying on a Holographic Will

While convenient, holographic wills carry significant risks:

Ambiguity and misinterpretation

Without legal guidance, wording may be unclear.
Ambiguity can lead to disputes among beneficiaries.

Failure to include critical provisions

Guardianship of minor children, executor appointment, and distribution details are often missing.

Increased chance of probate complications

Probate courts may require additional evidence to prove the validity of the will.
This can delay the estate settlement process.

Risk of being contested

Relatives may argue the will is invalid, especially if handwriting is questioned.

Why a Formal Will Is Usually Better

While holographic wills are legal, they are rarely the best option. A formal will drafted with the help of a lawyer offers:

Clarity: Clear language that minimizes disputes.
Completeness: Covers all legal requirements, including executor duties, guardianship, and asset distribution.
Protection: Reduces the risk of litigation, saving your family stress and expense.

Our Notarial Services also ensure your documents are properly executed and recognized.

When Might a Holographic Will Make Sense?

In rare situations, a holographic will may be better than no will at all — for example:

During emergencies when legal help is unavailable.
When traveling and unforeseen circumstances arise.
As a stopgap measure until a formal will can be prepared.

Even then, a holographic will should be replaced by a formal will as soon as possible.

Additional Estate Planning Considerations

If you’re thinking about your estate plan, holographic wills are just one piece of the puzzle. You may also want to explore:

Executor compensation in Alberta
Planning for both traditional and digital assets in Alberta
How estate planning ties into Business Law if you own a company

Final Thoughts

Holographic wills are valid in Alberta, but they come with risks that can outweigh their convenience. A professionally drafted will provides the clarity and protection your family deserves.

At Libra Law, we help Albertans create wills and estate plans that reflect their wishes and reduce the chance of disputes.

Book a consultation with our Wills & Estates team today to secure peace of mind for you and your loved ones.

NOT LEGAL ADVICE. This article is for general informational purposes only and does not constitute legal advice. To obtain advice tailored to your specific situation, please consult a lawyer or a qualified professional.