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. 

How Do I Change my Will if I Have an Existing Will?

A Last Will and Testament should not be written once in a lifetime. It should be written as soon as you become an adult, and should be updated throughout your life as your circumstances change.

There are a number of reasons for updating a Will. You may have had a change of financial circumstances or your personal situation may have changed. For example, you may have married or had children.

There may also have been a change of circumstances for somebody named in your Will. Perhaps your Executor has taken ill or your chosen guardians for your children have moved overseas.

You may also simply have had a change of heart. A charity may have become a significant part of your life and you want to recognize their work in your Will. Of course your relationships with your beneficiaries can also change.

What happens if you have a Will in place and want to change that Will?

There are Three Ways to Legally Change a Will

1: You can manually annotate your Will by writing on it. You would still need to at least initial the change, and also have two witnesses sign or initial next to that change. This is the least preferred approach to updating a Will because it is the most likely way to have a Will challenged. However, if the change is relatively benign, you could certainly consider this, E.g. for updating an address.

How not to change a Will
The Worst Way to Update a Will
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How to cover assets outside of Canada in your Will – the Expat Will

We live in an increasingly global world. People travel more, settle into new countries, and even share their time between different countries. Traditionally, the idea of owning assets in different countries was reserved for the extremely wealthy. But nearly ten years ago, at LegalWills.ca, we created the Expat Will. The first of its kind available anywhere, and we have been pleasantly surprised at how frequently this service has been used.

The Expat Will solves a problem that cannot be addressed by traditional approaches to Will writing. The service is offered to people with assets in more than one country – a population that continues to increase.

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Did COVID inspire more people to write their Will in 2020/2021?

At LegalWills.ca we have provided an online option for preparing estate planning documents since 2001. This gives our company a unique insight into industry trends and allows us to explore the triggers for writing a Will. But in the midst of the COVID-19 pandemic, the last 12 months has been a truly unique experience for us.

Will writing is traditionally one of those tasks that you just don’t get around to. The statistics bear this out, with our own survey showing that around two thirds of Canadian adults do not have their Will in place. Most of these people know that it’s important to write a Will, but it’s a task that is put off until next week, next month, or next year.

However, in 2020 and 2021, something very dramatic happened. LegalWills.ca saw an incredible spike in the number of people writing their Will. There was a lot happening around the world, but the obvious conclusion was that the COVID-19 pandemic nudged people to finally get their Will in place.

At LegalWills.ca we felt that the sudden surge in Will writing was fascinating, and we wanted to take a deep dive into the motivation for writing a Will. We are fortunate to have a large pool of customers who we can ask the simple question, “Why did you decide to write your Will?”

Why do people usually write their Will?

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What should be included in a Will if you have children?

If you have young children, it is critical to write a Will. The challenge of course is that you are busy. Co-ordinating time with a lawyer, and perhaps your partner, is very difficult. So difficult, that this is a task that is unlikely to make it to the top of the To-Do list for today, or even this week.

Fortunately online services like the Will writing service at LegalWills.ca makes the process much more convenient and significantly more affordable than preparing a Will with a lawyer.

This article gives an overview of why a Will is critical, what you can do within a Will, specifically if you have children, and how you can prepare a Will in a cost effective and convenient way. We also discuss why and how you can update a Will if circumstances change.

Write a Will

What are the key elements in a Will?

You probably think of a Will as a document that describes the distribution of your assets (possessions) after you have passed away. This is, of course, a significant part of a Will, and one of the most important reasons for preparing one.

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A Codicil – what it is, and why it is not the right solution.

Do you have a Will already? you just need to make a slight change to it? Perhaps you had a lawyer prepare your Will for several hundreds of dollars you don’t want that money to go to waste, but now you need to update it. After doing some research, you have determined that a codicil is what you need.

Let us explain exactly what a codicil is, and why it’s probably not the solution you are looking for.

Codicil to a Will

The origins of a Codicil

The first step in understanding the role of a codicil is to look at the history of the law related to Wills. In Canada, Estate planning laws were based on the UK Wills Act (except for the Province of Quebec). This law was written in 1837, and surprisingly, not too much has changed in the last 180 plus years.

In 1837, if you wanted to write a Will it would have looked like this

Handwritten Will

Imagine, a week after you had gone to the trouble of having your Will prepared, you wanted to make a change. The Will writer wouldn’t have wanted to rewrite the whole document, so the Wills Act made a provision for a codicil. It’s a “middle English” word meaning “little codex”, or according to Mirriam-Webster “a little bit of writing on a small piece of writing material, used to add to or change something about a larger piece of writing.”

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The Ultimate Guide to Preparing a Will – 2024

Introduction to Preparing a Will

Everybody should have a Will. Not making a Will is unfair to those you leave behind. Even if your plans for estate distribution are simple and you do not have many assets, it is still much easier for the people that you leave behind to work with a Will than to resolve the estate of a person who has died intestate (without a Will). If you do not feel that you have significant assets now, remember that your Will only comes into effect when you die, not now, and you cannot possibly predict how large your estate will be when your Will is required. Preparing a Will is one of the most important tasks you can undertake if you have loved ones. Sadly, most of us put it off until it is too late.

By law, any competent adult can make their own legal Will; the law does not require you to have an attorney or a lawyer, to do this. A Will does not need to be a complicated document; it simply has to clearly state your wishes for the distribution of your estate.

Guide to Preparing a Will

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Using an Estate planning lawyer? Here are some questions to ask…

Wondering whether our service is right for you? considering using an estate planning lawyer?

We know that 62 percent of Canadians don’t have a Will in place. A further 12 percent have a Will, but it’s out of date.

Even with that harrowing stat, the legal community still try to warn people against preparing their own Will. Claiming that you can only obtain a quality Last Will and Testament from an estate planning lawyer. Any approach to writing your own Will is going to result in pain for your family and loved ones.

In truth, there was some merit in this argument about 20 years ago when the only do-it-yourself Will writing options were a blank piece of paper, or a blank form Will kit. Both approaches are a disaster waiting to happen, and many estates went through protracted legal battles to settle an ambiguous instruction. Or worse, a Will was simply thrown out because it wasn’t signed correctly.

Thankfully in the years since LegalWills.ca came online in 2001, the online interactive Will writing services have come a long way. Much like tax preparation software that faced a similar backlash from tax preparing accountants, the use of online interactive Will writing services has grown year by year.

Will writing office

Online Will writing services have also improved to a point that for 99 percent of people, the final Will document is indistinguishable from a Will created by an estate planning lawyer. We know this because we use the exact same software used by any estate planning lawyer in Canada. We’ve just give you direct access to it.

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Guardian for your children – How to name a guardian in your Will.

How to Choose a Guardian for Your Children

One of the most important things which you need to consider when you are making your Will is how to choose a guardian. They will take care of your minor children in the event of your death. This really isn’t something that anyone ever wants to think about, but it is one of the most important decisions that you need to make. No one likes to think of their own mortality. However, making a Will and appointing a guardian is one of the most caring things that you can do for your minor children.

If you do not choose a guardian for your children and both parents die, the court will have to appoint one. This will usually be a willing volunteer. However, you really don’t want to leave something so incredibly important to chance. A judge can appoint whoever they want to. This person could be your worst nightmare, but a judge may have of way of knowing that if you haven’t made your wishes clear. Continue reading

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Customer question of the day – updating a Will

Hello, I am trying to seek additional information regarding updating a Will . My question is , every time I update or change my will, do I need to go after the witness every time to re sign? How do I go about changing, updating without having to get them re signed. Thanks.

There is no way of updating a Will without having witnesses sign the update. There are only three ways to update your Will;

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Why I haven’t written my legal Will – a confession

A month ago I was at a dinner party. I met a couple who had young children and the conversation naturally led to how we make a living. I explained that I was one of the founders of LegalWills.ca, the online convenient affordable service for writing a legal Will. The couple were thrilled, they had two young children, they knew that they needed to prepare their legal Will, but hadn’t got around to it. It was on their list of things to do, but as with all tasks with no real deadline, it never seem to make it to the top of their list.

They loved the idea of just going online one evening, stepping through the service, compiling their document, and then printing, signing in front of witnesses and creating their legal Will. So excited were they, that I gave them my business card with a discount code.

One month later, they still haven’t written their legal Will.

They still haven’t named an Executor for their estate, guardians for their children, made any charitable bequests, set up trusts for their children, created a distribution plan for their estate.

Legal Will

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Six good reasons to prepare an online Will

Is it possible to get a will written without a lawyer? What is an online Will?

We saw this question recently posted on Quora and we were a little surprised by the misinformation provided in the answers. They included the tired old analogies to “you wouldn’t remove your own appendix, so you shouldn’t prepare your own Will” (the two tasks are nothing close to comparable), and also a rather surprising answer from a lawyer who claimed “In non-emergency situations, you must get it done through a lawyer.” which is absolute nonsense.

Online Will

 

I would like to provide some reasons why it would actually be advantageous to prepare a Will without a lawyer, but first some clarification on the term “online Will”

What is an “online Will” service

There is no such thing as an online Will. A Will has to be printed, signed and witnessed in order to be made legal. Online, scanned or digitized versions of a Will are not legal documents. Any service that offers to store your Will online or in the cloud are misrepresenting what they can do because based on current law in Canada, a copy of a Will stored in the cloud cannot be probated. Our partner website that allows you to write your own Will in the US recently published a blog post explaining this. So when we talk about an online Will service, we are really talking about an Will service that is online. Once you have stepped through the service, the document must be printed, signed and witnessed to be made into a legal Last Will and Testament. Continue reading