Moving to Another Province: Do You Need to Rewrite Your Will?

Moving is a big process, with a lot of moving parts. Here’s why rewriting your will shouldn’t be missed on your to-do list when you move to a different province in Canada.

It is easy to think that since Canada has a federal legal system, your will would be valid everywhere. However, this is not typically the case. Even though all provinces are subject to federal Canadian law, every province and territory in Canada has their own separate estate laws provinces, and your will may not comply with the rules of your new province of residence. Therefore, whenever you relocate to a different province in Canada, it is advisable to review your will and make any necessary changes or prepare a new one.

What to Do When Moving Provinces

If you are moving provinces or have since you last updated your will, it could be time to make some changes to your will. Using an online service like LegalWills, you can update your address in your profile and any provisions that might have been valid in your old Province of residence but would be invalid in the new one will automatically be adjusted once you download your revised will. This way, you can have peace of mind that your estate will be distributed according to your wishes when you pass away.

Keep in mind that it’s extremely unlikely that you will have to write an entirely new will. Most often, only a few changes will be required, if any. However, to avoid any legal issues, it is still essential to ensure that your existing will is valid in your new province of residence.

For instance, if you prepare your will in Ontario, but later move to Alberta, the will from Ontario would apply in Alberta after your death (assuming a new one isn’t written), but it could be challenged and rejected by Alberta laws. Even if your will was valid in Ontario, if your dispositions don’t comply with the estate laws of Alberta, you risk having your will varied or even found invalid after your death. This would mean that you die intestate (without a valid will) and your estate may not be distributed according to your wishes if estate litigation arises. Often when this happens, the testator has no idea that their will is invalid in their new province. In fact, many people are unaware of this risk when they relocate to another province.

Another issue to consider after moving to a new province is who you have appointed as the executor of your will. If your executor does not live near your residence, it can create difficulties for them during the process of administering your estate. If you moved to British Columbia from Nova Scotia, for example, it will be extremely difficult for an executor in Nova Scotia to administer your estate across the country in British Columbia. This also means that it may take longer for the beneficiaries of your estate to receive their inheritance. Estate administration encompasses a handful of different tasks, some of which require the executor to be physically present. Therefore, it is advisable to select an executor who lives in the same province as you. For this reason, you should always consider whether or not your executor should be changed after moving to a new province.

Moving, Temporarily

A key concept to understand in estate law is that of a “domicile” – the place where your permanent residence is. Your domicile determines which jurisdictions estate laws will govern your will. When we talk about “moving to another province” in this blog we are referring to someone who is relocating with the intention of making the new province their permanent residence. This means that the old province’s estate laws will be irrelevant to the administration of the person’s estate. When you pass away, your domicile is where your will is to be executed.

For example, if someone moves to Alberta, with the intention of staying there for only a few years to work before returning to Ontario, they wouldn’t need to update their will. This person’s domicile will remain Ontario and their will would be executed in Ontario, even if they are living outside of the province temporarily.

When Others Named in Your Will Relocate

Beneficiary Address Change

You do not need to update your will every time a beneficiary changes address. What matters is it is abundantly clear who your beneficiary is, for example, my son, John Doe from Toronto, Ontario. Nobody else can claim to be that person. The other reason why an address would be included in a Will is to help your Executor to track down the beneficiary to give them their inheritance. It is much more efficient to maintain a list of people and contact information as a separate document, stored with your Will.

Why It May Matter If a Witness to a Will Relocates

The witnesses are crucial for establishing the will’s authenticity and addressing any arguments that may emerge over the will’s validity. If the witnesses have relocated, identifying and communicating with them may be difficult, particularly if they have not provided a forwarding address or contact information.

It is important to remember that the witnesses to a will are not responsible for the will’s contents or the distribution of the estate’s assets; thus, it is not always essential to contact them. However, if the will is contested in court by an interested person, the witnesses may be invited to testify that the will was properly executed and witnessed and that, at the time of signing, the will-maker (testator) was of sound mind and not under coercion.

The absence of a witness or the inability to locate one does not necessarily render the will void, but it might make the probate process more challenging in the event of disagreements.

As this can cause issues, you may want to take action today – by asking your witnesses to swear an affidavit confirming they were both present when the will was signed. We offer a free affidavit of execution form as part of our service at Legal Wills to give you more peace of mind.

Some Unintended Consequences of Relocation

Is Your Guardian Now in Another Jurisdiction?

If the guardian you appointed in your will lives on the other side of the country, it’s likely your child will be moving. Guardians are seldom in a position where they can move to your child’s location. While your appointment remains valid even if you relocate, it may be worthwhile to determine if this guardian remains your first choice. To answer this question, you should ask yourself where you want your child to be raised.

If the distance is significant, you should consider updating your will to name another guardian or naming an interim guardian who can accept your child into their home immediately, while moving arrangements are made.

What About My Other Estate Planning Documents?

Remember that your financial power of attorney and living will must be accepted by relevant institutions if they are to hold any value. This can be challenging if the institutions in your new province of residence do not accept documents written under estate laws of another jurisdiction. For example, for your power of attorney, if your bank is in Quebec where you are now residing, and your power of attorney is written under the laws of British Columbia, it is possible that your bank in Quebec would not accept your power of attorney. Likewise, living wills are different for each province, so it’s worth updating the document if you move to another province to ensure that if you are hospitalized, you have a document that is most likely to be accepted by your local hospital.

If you’re planning to move to another province, we would recommend that you review your documents to be sure that your estate will be distributed exactly as you’re intending and that you wishes are respected.