I Just Moved. Do I Need a New Will?

Should You Prepare a New Will When Moving Between Provinces in Canada?

Relocating to a different province in Canada brings more than logistical changes—it also impacts your legal and financial affairs. One of the most crucial documents to review during such a move is your will. While a valid will executed in one province is generally recognized in another, differences in provincial estate laws can lead to unforeseen complications. Below, we explore why it’s essential to revisit your will when relocating and when creating a new will may be necessary.

Understanding Provincial Variations in Estate Laws

Each province in Canada has its own legislation governing wills and estates, and these laws can significantly differ. For example:

• Marriage and Wills: In Ontario, a marriage automatically revokes any pre-existing will unless the will explicitly states it was made in contemplation of marriage. In British Columbia, however, marriage does not affect the validity of a will.
• Survivorship Rules: The laws on who inherits if a beneficiary predeceases you may differ between provinces. These rules can affect how your estate is distributed if your will is silent on such issues.

If your will does not align with the laws of your new province, certain provisions might be rendered invalid or interpreted differently than intended. (League Law, leaguelaw.com/posts/moving-provinces-wills/)

Scenarios Where a New Will May Be Necessary

While reviewing your will is critical, there are situations where a new will might be required to ensure clarity and legal compliance:

1. Change in Beneficiary Designations: If the laws of your new province affect your original designations—for example, survivorship rules or spousal inheritance laws—you may need to update your will.
2. New Marital Status: If you marry or divorce after moving, the impact on your existing will can differ based on your province's rules.
3. Executor Residency: Some provinces impose restrictions on out-of-province executors. If your executor resides in your previous province, it may be prudent to appoint someone local to streamline the administration of your estate.
4. Tax Implications: The tax treatment of your estate could vary based on your province of residence. For instance, probate fees are significantly higher in some provinces, which might prompt changes to how your assets are structured in your will.
5. Change in Assets: Moving may involve purchasing new property or investments in the new province. Ensuring these assets are covered in your will may necessitate a fresh document.
6. Healthcare and Personal Directives: If your will includes instructions regarding end-of-life care or integrates with other personal directives, it’s vital to align them with the laws of your new province.

Why Reviewing Your Will is Essential

Even if a new will is not required, a careful review ensures that your existing document aligns with your current circumstances and complies with the laws of your new province. This step can help:

• Clarify ambiguous terms that might be interpreted differently under the new legal framework.
• Address potential conflicts or inconsistencies with provincial laws.
• Minimize the risk of disputes or delays in administering your estate.

It’s also important to revisit related documents like powers of attorney and healthcare directives, which are subject to provincial variations.

Final Thoughts

Relocating between provinces is an excellent time to revisit your estate planning. While your existing will might still be legally valid, it’s crucial to ensure it reflects your current intentions and complies with the laws of your new province. Taking the time to review and update your estate documents can provide peace of mind and protect your loved ones from unnecessary complications.

By understanding the legal landscape of your new province, you can ensure your estate planning is both effective and aligned with your wishes. 

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