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

A Will which received correct execution in one Canadian province will maintain its legal validity when it moves to another province. Canadian courts accept Wills as valid when people follow proper execution procedures according to the laws which existed in the place where they made their Will.

The term “valid” does not guarantee the highest quality results. Your Will will stay valid under the law but it could create issues because it was created according to old provincial laws. Here is why this matters:

• The legal language which Wills contain differs between provinces because each region uses its own set of terms. The person who manages your estate becomes an “Executor” in most provinces but Québec uses the term “Liquidator” and Ontario calls them “Estate Trustee.”
• Different rules for execution, The provinces require two witnesses for Wills but each province has its own rules about who can serve as witness and how to witness electronically and when to sign documents.
• Different intestacy laws, If your Will is incomplete or partially invalid, the remaining assets are distributed according to your new province’s intestacy rules, which may be very different from your old province’s.
• Different estate administration rules. Probate fees, Executor compensation, and estate administration procedures vary significantly between provinces.

Here are some of the most significant provincial differences that affect your Will:

Your Power of Attorney will likely create more difficulties than your Will when you move to a different province. The question of whether a Power of Attorney is valid across provinces is complex:

• Different names for the same document, The document bears four different names depending on the province which includes “Power of Attorney for Personal Care” in Ontario and “Representation Agreement” in BC and “Personal Directive” in Alberta and “Mandate” in Québec.
• Different scope and authority, The powers granted to your attorney/representative vary by province.
• Healthcare institutions may not accept it, A hospital in your new province may be unfamiliar with the format of your old province’s document and may hesitate to accept it.

Your Power of Attorney documents require urgent updates more than your Will needs changes after you move to a different state.

Follow this checklist after relocating to a new province:

1. Review your Will. Read through your existing Will with your new province’s laws in mind. The document contains words and sentences which seem unrelated to the present situation.
2. Update your Will. At minimum, update your province of residence declaration. Ideally, rewrite your Will to comply with your new province’s specific requirements. Users can generate their Will documents through LegalWills.ca by logging in to their account and updating their province of residence information.
3. Update your Power of Attorney. Create new Power of Attorney documents that comply with your new province’s legislation and terminology.
4. Update your Living Will/Healthcare Directive, Ensure your healthcare directive uses the correct format for your new province.
5. Review your Executor choice, Your Executor does not need to live in the same province, but an out-of-province Executor may face additional requirements, such as posting a bond.
6. Review your guardian choice, If you have minor children, consider whether your named guardian is still the best choice given your new location.
7. Update beneficiary designations. Review RRSP, TFSA, pension, and life insurance beneficiaries, as designation rules may differ.
8. Register your updated Will. Consider registering with the Canada Will Registry so your updated Will can be found.

The administration of estates becomes more complex when you possess real estate properties across different provincial borders. The laws of the province which contains the property determine how real estate is managed instead of depending on where you live. This means:

• Probate may be required in each province where you own property
• Probate fees apply based on the value of assets in each province
• Your Executor may need to apply for ancillary probate in the other province

Our guide explains how Canadians who own assets outside their country can protect their assets through an Expat Will.

The process of moving to or from Québec demands special care because the province follows a different legal system which uses civil law instead of common law. Key differences include:

• The partnership of acquests operates as Québec’s default matrimonial regime which determines how married couples divide their property when one partner passes away.
• The province of Québec enforces forced heirship rules which allow family members to receive their share of inheritance even when the deceased person created a Will.
• Notarial Wills, Only available in Québec, these Wills are prepared by a notary and do not require probate
• The legal system of Québec uses “Liquidator” as their term for “Executor” and their rules about property distribution differ from other regions.

You need to update your estate documents when you move either into or out of Québec. Discover the details which make Will creation in Québec different from standard procedures.

How soon after moving should I update my Will?

Update your Will as soon as reasonably possible after establishing residency in your new province. There is no legal deadline, but the longer you wait, the longer your estate plan is potentially misaligned with your new province’s laws.

Can my Executor be in a different province?

Yes, but some provinces require an out-of-province Executor to post a bond or appoint a local agent. The process will become more expensive and difficult to manage because of these requirements. You should name a local alternate Executor because this person can take over when your primary Executor becomes unable to serve.

Do I need a new Will or can I just add a codicil?

You should create a new Will when you move to a different province instead of adding a codicil to your existing document. The required modifications need to exceed what a codicil can properly manage because you need to update the entire document to follow your new province’s legal system.

What if I move back to my original province later?

You need to update your Will when you decide to move to a different place. You need to check your Will every time you move to a new province because different regions enforce their own separate legal systems. Users can generate their Will documents through LegalWills.ca by logging in to their account and updating their province of residence information.

Does moving provinces affect my existing Power of Attorney?

Yes. Powers of Attorney are more province-specific than Wills. A document created in Ontario may not be readily accepted by institutions in BC or Québec. Create new Power of Attorney documents that use the correct terminology and format for your new province.