How Is a Will Proved for Probate in Alberta? Witness and Handwriting Affidavits

When someone dies and leaves a will, the person named to administer the estate often needs the Court to confirm their authority. A grant of probate is the request asking the Court to confirm that the person named in the will has that authority. Before the Court does that, it needs proof that the document is the deceased's real will.

This article explains, in plain terms, what is generally filed to prove a will in Alberta under the Surrogate Rules. It does not cover making a will, court fees, timelines or contesting a will. Every estate is different, so a lawyer can confirm what your file needs.

This article covers the law of Alberta.

Where the proof of a will fits in the application

Surrogate matters are heard in the Court of King's Bench. A straightforward probate application can be made online through the Surrogate Digital Service (SDS) or on paper using the GA forms, starting with GA1. Form GA1, the Grant Application, is always required, while other forms such as GA8 to GA14 are required depending on the circumstances.

The forms described here apply to applications filed on or after June 15, 2022, when the GA series replaced the older NC forms. If you find older guides that refer to NC forms, they are out of date.

The original will and related documents

The original will and any original codicils must be attached to the grant application. A codicil is a later document that changes or adds to the will. Any document that the will incorporates by reference must also be filed.

Because the original is needed, it helps to know where it is. Alberta has no will registry, so wills are kept in places like a safe, a safety deposit box or with a lawyer. Current practice for lodging the original will with the Court, including for SDS filings, can change, so confirm it with the Court or a lawyer before you file.

Which affidavit proves the will

An affidavit is a written statement sworn or affirmed to be true. Which one is used depends on how the will was made and whether the witnesses are available.

A witness proves the will-signing formalities by a GA8 affidavit, and the original will is attached to it as an exhibit. For a holograph will or where a witness cannot be found, a GA9 affidavit proves the deceased's handwriting. If both witnesses are dead or unable to swear, a GA9 or another qualified person's affidavit may be used.

Wills in another language and other supporting forms

A will that is not in English or French needs a translation affidavit in Form GA10. Other supporting forms include GA11 (Renunciation), GA12 (Reservation of Right to Apply), GA13 (Nomination) and GA14 (Beneficiary's Consent to Waive or Reduce Bond). Whether you need any of these depends on your circumstances.

• Form GA1 is always filed.
• The original will and any original codicils are attached.
• Documents incorporated by reference into the will are filed.
• A GA8, GA9 or other affidavit proves the will, depending on the facts.
• A GA10 is added if the will is not in English or French.

The court-records search and filing method

Before a grant issues, the clerk must complete a court-records search, unless the court orders otherwise. This is a step the Court takes, not something you file.

An individual without a lawyer can use SDS only if they are an Alberta resident and one of the applicants, and paper applications are also accepted for self-represented people. Lawyers and legal assistants who are Law Society of Alberta members must use SDS for all applications it can process. SDS does not accept every type of application, and the Court has said paper applications that could have been filed on SDS may be rejected after a grace period following a new SDS feature release.

What to do next

• Locate the original will and any codicils, and keep them safe.
• Find out who witnessed the will and whether they can be reached.
• If the will is handwritten, gather information that can show whose handwriting it is.
• Check whether the will is in English or French, or needs a translation.
• Confirm the current process for lodging the original will before you file.
• Consider speaking with a lawyer if a witness is missing or the will looks unusual.

The Surrogate Rules and Forms Package is a user's guide suited to simple applications that individuals file themselves, and the SDS Clerk Review Guidelines list the main items the clerk checks.

Frequently asked questions