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Wills & Estates

What happens if a beneficiary dies before the person who made the will in Alberta?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of Alberta.

The gift does not simply disappear. Alberta's Wills and Succession Act sets an order for who takes it instead, and the property goes first to an alternate beneficiary named in the will, if there is one. Many people assume it passes to the dead person's children, but that depends on who the beneficiary was.

With no alternate, a gift to a descendant of the will-maker, such as a child or grandchild, goes to that person's descendants who survive the will-maker. This does not apply to a friend, sibling or charity who dies first. Next in line are the surviving residuary beneficiaries named in the will, in proportion to their interests. If none of them can take, the property is distributed as if there were no will, under Part 3.

The s. 32 order applies only where the will has no alternate beneficiary, so a named alternate takes first. The same order applies if a gift is void, contrary to law or disclaimed. Whether other wording in the will can change this order is worth confirming with a lawyer. Your answer depends on the exact wording of the will and on how the person who died was related to the will-maker.

Key takeaways

  • A named alternate beneficiary takes the gift first if the will names one.
  • If there is no alternate, the dead beneficiary's surviving descendants take only where that beneficiary was a descendant of the will-maker.
  • If no alternate or descendants can take, the gift goes to the surviving residuary beneficiaries in proportion to their interests, and then as if there were no will.
  • The same order applies if a gift is void, contrary to law or disclaimed.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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