A client recently came to us after learning that the will they had prepared in another province may not fully comply with British Columbia law. With upcoming travel plans, they were understandably concerned about what could happen if something went wrong while they were out of the country.
Why Provincial Differences Matter
While wills are common estate planning documents across Canada, estate law is governed provincially. This means that documents prepared in another province are drafted to meet that province’s legislation, terminology, and execution requirements, not British Columbia’s.
In some cases, an out-of-province will may still be valid in BC. However, even when a will is recognized, it may not function as smoothly under BC procedures. Differences in terminology, executor powers, or administrative provisions can create complications during probate, delays, or disputes for your loved ones.
Common Issues with Out-of-Province Wills
Even when a will is valid, practical issues may arise if it was drafted outside BC including:
- Executor powers may be unclear or incomplete under BC practice
- Legal terminology may differ from BC standards
- BC-specific estate administration procedures may not be addressed
- Probate could be delayed or require additional clarification
These issues usually do not invalidate a will, but they can create unnecessary complexity and stress for your executor and family.
Why Updating Before Travel Makes Sense
Many clients assume estate planning is something to revisit “someday.” But life events like relocation, retirement, or upcoming travel are strong signals that it’s time for a review. Moving to another province often coincides with other life changes, such as buying a home or updating beneficiaries, making it an ideal time to ensure your will reflects your current situation.
Updating your will to align with British Columbia law before you leave on a trip provides confidence that your document will be recognized and accepted, clarity for your executor and protection against unexpected legal hurdles. Most importantly, it gives you peace of mind while you’re away.
The Good News
In most cases, correcting or updating out-of-province will is straightforward when addressed proactively. A BC estate planning lawyer can review your existing will, confirm whether it remains effective and prepare an updated will that meets BC requirements while reflecting your current wishes.
Conclusion
If you’ve moved to British Columbia and your will was prepared in another province, it’s worth reviewing, especially before travel. Estate planning isn’t just about long-term planning; it’s about making sure the right legal protections are in place when you need them most.
Find out more about our estate planning services and book a consultation here.
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Disclaimer: This blog post is for informational purposes only and should not be construed as financial or legal advice. Consult with qualified professionals to create a personalized estate plan suitable for your specific circumstances.
