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Do I need to Update My Will if I Move to Another Province?

Senior couple making a will

When you move to a different province, there are countless tasks to take care of, and it’s easy to overlook the legal process involving your will and other estate planning documents. Since each province has different laws regarding the treatment of assets, we strongly recommend ensuring your existing will and other estate planning documents comply with the laws of your new province.

Moving Provinces without a Will

If you don’t have a will, the legal considerations in moving provinces are even more timely. Most provinces have default provisions on how your assets will be divided on your passing. These default provisions can differ significantly from province to province. By consulting a lawyer, you can protect your loved ones and ensure that your estate is divided per your instruction.

Estate Implications when Moving Provinces

The legislation in each province can significantly impact your testamentary intent. For example, in British Columbia the Wills Estate and Succession Act includes legislation giving certain individuals the right to apply to the court to vary your will. If your will was prepared in a province that did not have similar legislation, the estate lawyer is unlikely to have considered the implications of this type of legislation.

Regardless of where you plan to move to, keeping your will updated periodically to reflect the changes in your life should be an ongoing priority. By confirming these details with a trusted estate lawyer, you’ll ensure your will accurately reflects how you plan to divide your hard-earned assets and how best to protect your estate when unfortunate circumstances may arise.

Far too often things are forgotten or lost when moving. Don’t let something as important as looking after yourself and your loved slip through the cracks.

Don’t hesitate to contact us, reach out to us before moving provinces.

Areas of Expertise

AGRICULTURAL LAW
BUILDERS LIENS AND CONSTRUCTION DISPUTES
CORPORATE, COMMERCIAL AND BUSINESS LAW
DEBT COLLECTION AND ENFORCEMENT
EMPLOYMENT LAW AND WORKPLACE INVESTIGATIONS
ESTATE ADMINISTRATION AND PROBATE
ESTATE LITIGATION
ESTATE PLANNING: WILLS, POWERS OF ATTORNEY, REPRESENTATION AGREEMENTS
FAMILY LAW, DIVORCE AND MEDIATION
INSOLVENCY AND RESTRUCTURING
LITIGATION AND DISPUTE RESOLUTION
REAL ESTATE: CONVEYANCING AND MORTGAGES
REAL ESTATE: SUBDIVISIONS AND PROPERTY DEVELOPMENT
SHAREHOLDER AND PARTNERSHIP DISPUTES

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