- An Alberta court may add or delete words in a will if clear and convincing evidence shows it does not reflect the testator's intentions because of a slip, omission, misdescription or drafter error.
- A rectification application generally cannot be made more than 6 months after the grant of probate or administration is issued, unless the Court extends the period.
- Any writing, marking or obliteration on a will is presumed to have been made after the will was made, and an alteration is valid only if it meets the formal requirements or the Court validates it.
You may have read a will and noticed something that looks wrong. A beneficiary's name may be missing, a property may be described incorrectly, or an instruction the person clearly wanted may not appear. After a death, the person who could explain is gone, and the will cannot simply be edited.
Alberta law does give the Court a limited power to correct some mistakes. It is narrow, it has a time limit, and it needs strong evidence. This article explains how it works, how handwritten changes are treated, and what to expect if the matter goes to court.
This article covers the law of Alberta.
When can an Alberta court rectify a will?
Under section 39(1) of the Wills and Succession Act, the Court may rectify a will by adding or deleting words. It can do this only if it is satisfied, on clear and convincing evidence, that the will does not reflect the testator's intentions.
The mistake must come from one of the causes the Act lists. Those are an accidental slip, an omission or a misdescription, or a misunderstanding or failure to carry out instructions by the person who prepared the will.
- A name or share left out by accident.
- A property or person described wrongly.
- A drafter who misunderstood the instructions or did not carry them out.
Disappointment with what a will says is not enough. The question is whether the words fail to reflect what the testator actually intended, and the evidence must be clear and convincing.
What if the testator's signature is missing?
Signature problems have their own narrow rule. Where the testator's signature was omitted, rectification is allowed only if the Court is satisfied that the testator intended to sign and intended the writing to be their will.
This matters because a formal will must be in writing and signed or acknowledged before two witnesses present at the same time, and failing these formalities is a ground of invalidity. A holograph will is an exception: it must be wholly in the testator's own handwriting and signed, and needs no witnesses. Whether a particular document can be saved depends on its facts, so get advice early.
Handwritten changes, crossings-out and the 6-month deadline
Sometimes the mistake looks like it was fixed by hand. Alberta law is cautious about this. Any writing, marking or obliteration on a will is presumed to have been made after the will was made. An alteration is valid only if it meets the formal requirements for signing and witnessing, or for a holograph will, or if the Court validates it.
Revocation is a separate question. A will or part of a will may be revoked only by making another will, by a writing that meets the requirements for revoking a will, or by destroying it with intent to revoke.
On timing, a rectification application may not be made more than 6 months after the date the grant of probate or administration is issued, unless the Court extends the period. The period runs from the grant, not from the death. Waiting is risky, so do not assume an extension will be given.
| Issue | Rule |
|---|---|
| Standard of proof for rectification | Clear and convincing evidence |
| Missing signature | Court must be satisfied the testator intended to sign and intended the writing to be their will |
| Handwritten alteration | Presumed made after the will; valid only if formalities are met or the Court validates it |
| Deadline | 6 months after the grant, unless the Court extends it |
A related deadline: gifts to a witness
A different mistake can arise when a beneficiary, or the beneficiary's spouse or adult interdependent partner, signed the will as a witness. A gift to a witness is void as against that person and those claiming through them.
The gift is not void if at least 2 other individuals witnessed the signature, or if the Court orders under section 40 that it is not void because the testator knew the person was a witness, intended the gift, and no improper or undue influence was exercised. A section 40 application may not be made more than 6 months after the grant unless the Court extends the period. Being an executor or beneficiary, or the spouse or partner of one, does not by itself stop someone from proving the will as a witness.
How the dispute proceeds, and what to do next
Under the Surrogate Rules, a contentious matter includes disputes over the right to a grant and other estate disputes. Any contentious matter can be brought under Part 2 by filing Form C1 with an affidavit in Form C2. Whether your rectification claim is contentious depends on whether others object, and a lawyer can confirm the right route.
Costs are a real risk. In Surrogate proceedings the Court may order costs to be paid from the estate or by any person who is a party to the application. That means an unsuccessful application may reduce what the beneficiaries receive, or leave you paying. The Court may also order security for costs in contentious proceedings.
- Find the grant date and calculate 6 months from it.
- Collect the original will, any drafts, and the drafter's file and notes.
- Note exactly what you believe is wrong and what the testator intended.
- List everyone affected, such as beneficiaries and executors.
- Do not alter, mark or discard the will or any copy.
- Speak with an Alberta estates lawyer before the deadline passes.
Frequently asked questions
Can I just correct an obvious typo in a will myself?
It is not safe to try. Any writing, marking or obliteration on a will is presumed to have been made after the will was made, and an alteration is valid only if it meets the formal requirements of sections 15 or 16 or the Court validates it under section 38. Whether a particular change meets those requirements depends on the facts, so confirm with a lawyer before relying on it.
What evidence does the Court need to rectify a will?
The Court must be satisfied on clear and convincing evidence that the will does not reflect the testator's intentions because of a slip, omission, misdescription, or a drafter's misunderstanding or failure to follow instructions. A lawyer can tell you what evidence is likely to matter in your situation.
Can the 6-month deadline be extended?
The Act says the Court can extend the period. Do not count on it, since whether it will do so depends on the facts and is not automatic.
Who pays if a rectification application fails?
In Surrogate proceedings, the Surrogate Rules let the Court order costs to be paid from the estate or by any person who is a party to the application. The Rules of Court also provide that a successful party is entitled to a costs award against the unsuccessful party. How these apply in an estate matter depends on the case, so a lawyer can confirm.
Sources
- Wills and Succession Act, SA 2010, c W-12.2 (King's Printer) — kings-printer.alberta.ca
- Surrogate Rules, Alta Reg 130/1995 (King's Printer; consolidated to AR 80/2026) — kings-printer.alberta.ca
- Alberta Rules of Court, Alta Reg 124/2010 (King's Printer) — kings-printer.alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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