What is a holographic will? If your mind immediately goes to the blue, flickering projections from Star Wars (“Help me Obi Wan Kenobi, you’re my only hope”), you’re not alone.
As appealing as that might be, holographic wills are not based in science fiction concepts. A holographic will is simply a will that is made entirely in the testator’s handwriting along with the testator’s signature.
Wills in Alberta are governed by the Wills and Succession Act, SA 2010, c W-12.2. For a will to be formally valid in Alberta, the will must in writing and signed by the testator in the presence of two witnesses, who also sign the will.
The holographic will is recognized in Alberta under section 16 of the Wills and Succession Act and it dispenses with the requirement for witnesses.
It sounds quite simple on its face doesn’t it. One may assume that writing down your wishes on a piece of paper and signing it is sufficient to ensure your estate is distributed as intended. In practice, that is not exactly true.
For a holographic will is to be admitted to probate, it must clearly establish the definitive and final intent of the testator for the distribution of their estate. Courts have trouble with holographic wills because of the challenges associated with validating it as the fixed and final intent of the testator. Recall that a holographic will must be entirely in the testator’s handwriting. If a testator later adds amendments to the will that are typed out, those additions would not be admitted to probate. It would then be difficult to establish that the holographic will was the testator’s fixed and final intention. In such circumstances, there may be no valid will at all. This was the case in Baldwin v Van Hout, 2024 ABKB 220.
Any contradictions, ambiguities, or inconsistencies in the holographic will may invalidate it and potentially lead to long and costly legal disputes among the beneficiaries.
Practical issues also arise. One more example is poor penmanship. If certain parts of the holographic will are illegible, the court will have difficulty proving the holographic will is the testator’s true and final intentions.
These considerations, and many others not listed, underscore the importance of consulting a wills and estate lawyer. A lawyer will ensure that all formalities of the Wills and Succession Act are complied with and that your true intentions are articulated in the will. This reduces the risk of uncertainty or disputes. While holographic wills are important in extraordinary or emergency circumstances, a properly drafted and executed will provides a far more secure and reliable means of ensuring your assets are distributed in accordance with your wishes.
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.
