I Just Moved to Nova Scotia — Do I Need a New Will?

Moving to a new province or country raises a natural question about your existing estate documents: are they still valid? The short answer depends on where the Will was made and what it says — but in almost every case, a move to Nova Scotia is a good reason to review and likely update your Will, regardless of whether the old one remains technically valid.

Wills Made in Other Canadian Provinces

In most cases, a Will that was validly executed in another Canadian province remains legally valid in Nova Scotia. The Nova Scotia Wills Act contains conflict-of-laws provisions that recognize Wills made in accordance with the law of the place where they were executed. A Will properly signed and witnessed in Ontario, British Columbia, Alberta, or any other province should generally be recognized here.

However, "technically valid" and "works as intended" are not the same thing. Your previous Will was likely drafted with the laws of your former province in mind. Some provisions may not operate as intended under Nova Scotia law. Common areas where provincial differences can matter include:

• Spousal rights and matrimonial property. Each province has its own rules about what a surviving spouse is entitled to claim from an estate. A Will designed around another province's matrimonial property regime may not achieve the same result in Nova Scotia.
• Powers of the Executor. Some provinces use standard form Executor powers that are implied by statute. Nova Scotia may not imply the same powers, meaning your Executor may have less authority than you intended.
• Treatment of gifts after separation or divorce. Nova Scotia law automatically revokes gifts to a former spouse and their appointment as Executor following a divorce — but not all provinces have identical rules, and some Wills may contain language that interacts unexpectedly with Nova Scotia's provisions.
• Guardianship of minor children. Provisions naming a guardian for minor children may be subject to different rules depending on the province, and Nova Scotia courts will make their own determination of what is in the child's best interests regardless of what the Will says.

Wills Made Outside Canada

A foreign Will may or may not be recognized in Nova Scotia, depending on whether it meets the formal requirements that Nova Scotia law treats as sufficient. Even where a foreign Will is technically valid, dealing with it in the Nova Scotia probate process can be more complicated — particularly if the Will is in a language other than English or French, or if it does not conform to the format Nova Scotia courts expect.

If you have moved from outside Canada and you own property in Nova Scotia — including real estate, bank accounts, or registered investments — making a new Will in Nova Scotia is almost always the cleaner, more practical solution. A Nova Scotia Will can address your Nova Scotia assets directly, and a foreign Will (if still valid) can continue to govern assets in your country of origin.

This approach — having separate Wills for assets in different jurisdictions — is more common than most people realize. The key is ensuring that the Wills are drafted so they complement each other rather than inadvertently revoking one another. A standard revocation clause ("I revoke all previous Wills") can void a foreign Will entirely if used carelessly in the new document.

Beneficiary Designations and Joint Assets

Your Will governs your estate — the assets that pass through probate. It does not govern assets that pass outside the estate. When you move to Nova Scotia, it is also worth reviewing:

• RRSP and RRIF beneficiary designations. These are governed by federal law and generally transfer provincially without issue, but should be reviewed to ensure the named beneficiaries are still appropriate.
• TFSA beneficiary designations. In Nova Scotia, as in most provinces, a TFSA can name a successor holder (a spouse) or a designated beneficiary. If your TFSA was opened in another province, confirm that the designation is recognized under Nova Scotia rules.
• Life insurance. Beneficiary designations on life insurance policies should be reviewed whenever you move, regardless of province.
• Joint property. If you have purchased property in Nova Scotia jointly with right of survivorship, confirm that the ownership structure achieves what you intend — joint tenancy and tenancy in common operate differently for estate purposes.

When to Make a New Will After Moving

Even if your existing Will is technically valid in Nova Scotia, a move is a natural trigger for a comprehensive estate review. Ask yourself:

• Has your family situation changed since the Will was made — new children, grandchildren, a marriage, a separation?
• Is the Executor you named still the right choice? Do they live in Nova Scotia or at least in Canada?
• Do the beneficiaries and the proportions still reflect your wishes?
• Do you own property in more than one province or country that needs to be addressed?
• Does your Will contain language that was designed specifically around your former province's laws?

If the answer to any of these questions gives you pause, a new Will is the appropriate response — not an amendment or a codicil, but a fresh document that reflects your current life and circumstances.

What About Your Power of Attorney and Personal Directive?

Your Power of Attorney — the document that authorizes someone to manage your financial affairs if you become incapacitated — and your Personal Directive — the document that expresses your health care wishes — are also worth reviewing after a move. Each province has its own legislation governing these documents, and a document prepared under another province's rules may not be recognized or may create complications in Nova Scotia.

In Nova Scotia, the Power of Attorney is governed by the Powers of Attorney Act and the Personal Directive by the Personal Directives Act. A Notary Public can prepare all three documents — Will, Power of Attorney, and Personal Directive — in a single one-hour appointment.

The Cost of Waiting

One of the most common mistakes new Nova Scotians make is assuming their existing documents are "good enough" and putting off a review indefinitely. The consequence — if something happens before the review takes place — can be significant: a Will that does not operate as intended, an Executor in another province who lacks the practical ability to administer a Nova Scotia estate, or a Power of Attorney that Nova Scotia institutions decline to recognize.

The cost of a new Will prepared by a Notary is modest. The cost of not having one — or of having one that does not work properly — can be considerably higher.