A will that is religiously sound but legally invalid distributes nothing. These are the Alberta requirements that decide whether the document works.
Alberta requirements
| Item | Alberta |
|---|---|
| Governing statute | Wills and Succession Act |
| Court | Court of King's Bench of Alberta |
| Handwritten (holograph) wills | Valid |
| Probate cost | Flat fees by estate value band, capped at $525 — among the lowest in Canada. An estate of $300,000 and an estate of $30 million pay the same $525. |
| Spouse’s share on intestacy | Where all of the intestate’s descendants are also descendants of the surviving spouse (or adult interdependent partner), that person takes the entire estate. Where any descendant is not, they take the greater of $150,000 or 50% of the net estate, and the residue passes to the descendants. Alberta’s adult interdependent partners — unlike Ontario common-law partners — inherit on the same footing as a spouse. |
| Will registry | No general government will registry. The Government of Alberta states plainly: "There is no will registry in Alberta." The one narrow exception is that an international will may be registered with the Office of the Public Trustee, which records who to contact — not the will itself. |
| Claims against the estate | Family maintenance and support claims under the Wills and Succession Act. |
The failures that recur
- A beneficiary or their spouse witnessing the will. The gift to that witness can be void even though the will stands.
- Marriage and divorce. These can revoke a will or the gifts in it, depending on the province and the date.
- Vague religious wording. "Distribute according to Shariah" without setting out the shares invites a dispute about what it means. Name the shares.
- Assets that are not caught by the will at all — designations and joint property.
A well-drafted Islamic will usually states the faraid shares explicitly, names a fallback distribution if a share fails, and appoints both an executor and a guardian. That is lawyer work, not template work.
Common questions
Can my spouse witness my will?
They should not. A gift to a witness or the witness's spouse can be void, even where the will itself remains valid.
Is a will I wrote by hand valid?
It depends on the province — several accept holograph wills, and at least one does not. Check the table above before relying on a handwritten document.
Do I need a new will if I get married or divorced?
Very likely. Marriage and divorce can revoke a will or the gifts in it, and the rules differ by province and by the date of the will.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Wills and Succession Act, SA 2010, c W-12.2 — Alberta King's Printer
- Probate fees by province / territory — TaxTips.ca
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Holograph handwritten will ontario — Treadstone Law
- Can common law partner inherit without a will ontario — Treadstone Law
- Does common law spouse inherit without will ontario — Treadstone Law
- Do i need a witness for a holograph will — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Wills & estates practice — Treadstone Law