Bite sized Estate Law (2025 Edition)

Estate planning sits at the bottom of the typical to-do list. Many Albertans believe they “don’t have enough,” “aren’t old enough,” or simply “aren’t ready.” Or, if they are ready, there are a bunch of better things to do than estate plan today.

The truth? Estate planning is for everyone and is better when done today than tomorrow. Estate planning is not just for the wealthy, not just for retirees, and not just for people with complex assets. It's also not just for the people going on holidays next week, the people needing emergency surgery, or parents who now heavily rely on their adult children or caregivers.

Good life and estate planning is about taking action -- with care, and easing stress for yourself and the people you love (or at least care about).

At Cairns Law, we're always striving to improve our processes and outreach to help make things simple and approachable.

Here are 12 foundational estate planning facts every Albertan should know. (These tidbits were part of our 2025 social media campaign. Check them out on our Instagram or Facebook accounts.)

1. Estate planning is for anyone with a breath and capacity; it isn’t just for the wealthy

Estate planning is about people, not just assets. Even low, modest and net zero estates can become complicated without proper documents. Losing capacity or passing without a plan can create delays, stress, and unnecessary expenses for your loved ones.

2. A Will only takes effect at death

Your Will doesn’t help at all if you lose capacity while alive. "Capacity" = your mental wits and wherewithal. That’s why Albertans need three core documents:

• Will

• Enduring Power of Attorney

• Personal Directive

Together, they cover both lifetime decision-making and the deceased estate. There are also supplementary documents to be explored that greatly contribute to the estate plan, such as beneficiary designations and Goals of Care Designations.

3. Dying without a Will doesn’t mean the government gets everything

The government is on the distribution list but it doesn't have priority. But Alberta's Wills and Succession Act will dictate who receives the estate when there's a deceased person with no Will. Head's up: The distribution may not match what you would have chosen for yourself and your hard work.

4. Common-law spouses don’t have automatic rights in Alberta

Without a Will or a proper adult interdependent partner agreement, your partner may need to bring a claim to receive anything. Planning avoids this burden on your loved one (and embarrassment?).

5. Guardianship for minor children must be appointed properly

A Will and PD are the clearest way to nominate who you want caring for your children if you lose capacity or die while your children are under the age of 18 years. Without the Will and PD appointments, the court processes become more complex for the family and beautiful children left behind.

6. Probate isn’t always required but when it is, it matters

Land titles, banks, financial institutions, registries and the Office of the Public Guardian and Trustee often require a Grant of Probate to release assets or deal with deceased estates. Life and incapacity planning can reduce delays and keep things moving smoothly.

7. Joint ownership can help, but it can also complicate things

Joint assets with adult children are often used as a shortcut to avoid the boogeyman-probate, but those joint assets can create:

• accidental tax consequences

• family disputes

• increases in creditor reach

• confusion in estate administration

  
  

Joint ownership should be intentional, not default.

8. Digital assets need attention too

Think photos, email accounts, social media, loyalty points, and cloud storage. Cryptocurrency, dogecoin, etc. Your personal representative will likely need instructions or access authority to deal with them.

9. Not all Wills are created equal

Online kits and templates often miss Alberta-specific legal requirements, including witness rules and affidavit requirements. A small error may invalidate the entire document, whether' it's a clean cut document or copy and paste frankensteineque estate plan.

10. Beneficiary designations override your Will

RRSPs, TFSAs, and life insurance might pass outside the estate; the money might be a non-estate asset. Beneficiary designations should be reviewed during estate planning.

11. Estate plans should be reviewed periodically and / or when life changes

If you or the people you've named within your estate plans experience:

• marriage or separation

• the birth or adoption of a child (or assumption of a family member - think step-child)

• a home purchase or sale

• a significant financial change

• a move between provinces or countries

A quick update can prevent major issues later.

12. The process is more approachable than most people expect

Most estate plans at Cairns Law involve two meetings:

1. an instruction meeting either online or in-person with Kendall, and

2. a signing meeting with full witnessing provided.

Clients are guided through each step so the process feels structured, not overwhelming.

Final Thoughts

Estate planning isn’t about predicting the future. It’s about future-proofing for your future; preparing for life with care and thought. Whether your life is simple, blended, busy, or full of gusto, a thoughtful plan can be one of the best gifts you leave for your loved ones.

If you’re ready to start, curious about the process, or simply want a review of your existing estate plan, I’d be happy to chat.

Cairns Law. Estate Law. For life's ordinary and extraordinary plans.

This article was inspired by Cairns Law’s “12 Days of Estate Law Facts” social media campaign, which ran December 1–12, 2025 on our social media channels. Even outside the campaign dates, these insights remain relevant for Albertans planning ahead.