Moving to a new province is a major life transition. Whether you are relocating for work, retirement, or to be closer to family, there is a lot to think about. Amid the moving boxes and change-of-address forms, estate planning often gets overlooked. If you already have a will from another province or country, you might assume it still applies once you settle in British Columbia. While that might be partly true, the situation is not always that simple.

British Columbia has its own laws governing wills and estates, set out under the Wills, Estates and Succession Act. Even if your existing will is legally valid in the place where it was created, there is no guarantee it will work as intended in BC. Differences in witness requirements, legal terminology, or inheritance laws can create confusion or delays when it is time to administer the estate.

To avoid problems later, it is a good idea to have your will reviewed and possibly updated after moving to British Columbia. Doing so will help protect your wishes, simplify the process for your executor, and give you peace of mind in your new home.

Is My Out-of-Province Will Valid in BC?

In general, British Columbia recognizes wills that were properly executed according to the laws of the jurisdiction where they were made. This means that if your will was valid in Alberta, Ontario, or another country at the time it was signed, BC courts may still accept it. However, validity does not always mean clarity or efficiency. Just because your will is technically acceptable does not mean it is the best fit for your current situation.

Problems can arise when an out-of-province will does not align with BC-specific rules. For example, BC law allows certain people such as spouses and children to apply for a variation of the will if they believe they were unfairly left out. If your will does not consider this possibility, it may face legal challenges. Likewise, terms used in other provinces may not carry the same meaning in BC law, leading to confusion during probate or interpretation.

BC’s Unique Estate Planning Rules

Each province in Canada has the power to make its own rules about wills, estate distribution, probate, and inheritance. While there is overlap, some differences are important. One example is the formal requirements for making a valid will. In BC, the will must be in writing, signed at the end by the will-maker, and witnessed by two people who are not beneficiaries or the spouses of beneficiaries. If your old will was not witnessed properly under BC rules, or if it relies on standards from another country, it may be more difficult to prove in court.

Another difference is how property is distributed when there is no will or when parts of the will are invalid. In BC, the Wills, Estates and Succession Act sets out default rules for who inherits and how much they receive. These rules may not match the laws from your previous home, especially if you moved from outside of Canada.

Additionally, BC courts have the authority to vary a will if it does not make adequate provision for a spouse or child. This means that even a valid will can be challenged, and the courts can change the distribution of your estate. If your old will assumes fixed rules about inheritance, it might not hold up as you expect.

Practical Reasons to Update Your Will After Moving

Even if your existing will remains technically valid, there are good reasons to update it once you become a BC resident. One of the most practical reasons is to make life easier for your executor. If your will refers to laws, institutions, or property that no longer apply in BC, your executor may face unnecessary hurdles when trying to carry out your wishes.

For example, your will might mention an executor who lives in another province or country. While this is not illegal, it can complicate the probate process and may require that the executor obtain a bond or additional approvals. Naming a local executor can simplify the process and reduce administrative barriers.

Your old will may also refer to property or accounts that you no longer own. If you sold a home in Ontario and bought one in BC, your will should be updated to reflect your current assets. Likewise, if you married, separated, or had children since writing your previous will, those changes should be incorporated.

Another important factor is incapacity planning. British Columbia has its own forms and legal framework for powers of attorney and representation agreements. Documents from other provinces may not be recognized or may be difficult to enforce. By updating these documents along with your will, you can make sure someone can legally make decisions on your behalf if you are unable to do so.

What About Wills from Other Countries

If you moved to BC from outside of Canada, your will may follow an entirely different legal structure. Some countries allow oral wills or handwritten wills without witnesses. Others follow civil law systems that do not use common law concepts like executors or probate.

In these cases, it is especially important to review your will with a BC estate lawyer. The court may not recognize foreign documents without additional steps, such as translation, authentication, or evidence about the law where the will was made. These hurdles can delay estate administration and increase costs for your family.

If you have property in more than one country, you may also need separate wills for each jurisdiction. This requires careful coordination to avoid accidental conflicts between documents. A lawyer with experience in cross-border estate planning can help you structure your plans to work smoothly across jurisdictions.

Getting the Right Advice After Your Move

Estate planning is not something you should leave to guesswork, especially after relocating. A local estate lawyer can help you understand how BC laws apply to your existing documents and whether updates are recommended. They can also identify areas that may expose your estate to unnecessary risk or conflict.

At Taylor Law Group, we help new residents in British Columbia make a seamless transition when it comes to estate planning. Whether you are retiring to the Okanagan, relocating to the Lower Mainland, or moving from another country, we will review your documents, explain your options, and prepare a clear plan that works for you and your loved ones.

Final Thoughts

If you have moved to British Columbia and already have a will, do not assume it will work exactly the same way here. BC has its own estate laws, and your old documents may not reflect your current assets, family circumstances, or legal options. A review with a local lawyer can help avoid complications, protect your wishes, and make things easier for your executor and beneficiaries.To speak with a lawyer about your will or estate plan, visit Taylor Law Group and schedule a consultation with our experienced estate planning team.