Separated or Divorced · Alberta

Power of Attorney for Separated or Divorced in Alberta

Create your power of attorney online, designed to meet Alberta’s requirements — written with people who are separated or divorced in mind.

Your will is free. The power of attorney is added to it at checkout — $29 USD.

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What people who are separated or divorced should know

  • Separation or divorce is the moment to look again at who you have named — to inherit, to act as your executor, or to make decisions for you.
  • Check whether a former partner is still named as a beneficiary, executor, guardian or attorney.
  • Being separated and being divorced are not always treated the same way, so check where you stand while things are still in progress.
  • Beneficiary designations on insurance, pensions and registered accounts pass outside a will — update them separately.
  • What separation or divorce does to a will in Alberta: Marriage on or after February 1, 2012 does not revoke your will. Divorce or a court finding that the marriage is void does not revoke the whole will, but it generally revokes gifts, powers of appointment, and executor/trustee/guardian appointments for the former spouse as if the former spouse had died before you, unless the will shows a contrary intention. Similar rules apply when an adult interdependent partnership ends, with statutory exceptions. Source: Wills and Succession Act, SA 2010, c W-12.2, ss 23(2), 25.
  • A power of attorney is a separate document from your will, with its own requirements in Alberta — review it alongside your will.

Pricing

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Basic Will

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Full customization for complex estate needs

$79

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Optional Add-ons

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Complete Bundle

Everything in one discounted package — the Advanced Will plus Power of Attorney, spousal will, living will, family trust, e-notary, printed delivery, affidavit of execution and cross-border will

$149

Power of Attorney

Power of Attorney documents

$29

Spousal Will

Mirrored will for your spouse/partner

$39

E-Notary

Electronic notarization of your will

$49
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Frequently asked questions

Why do people who are separated or divorced need to review their power of attorney?

Separation or divorce is the moment to look again at who you have named — to inherit, to act as your executor, or to make decisions for you.

What does separation or divorce do to a will in Alberta?

Marriage on or after February 1, 2012 does not revoke your will. Divorce or a court finding that the marriage is void does not revoke the whole will, but it generally revokes gifts, powers of appointment, and executor/trustee/guardian appointments for the former spouse as if the former spouse had died before you, unless the will shows a contrary intention. Similar rules apply when an adult interdependent partnership ends, with statutory exceptions. Source: Wills and Succession Act, SA 2010, c W-12.2, ss 23(2), 25.

Do I need a lawyer?

You can prepare it through our guided process. Separations still in progress, and complex situations, benefit from individual advice.

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