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Tuesday, May 11, 2010

If I move to a new province, do I need a new Will?

Though Wills have some similarities wherever they are made, it's important to know that all of the laws dealing with Wills and estates are made provincially. Every province and territory has its own law that specifies what makes a Will legal. Also, each province has its own laws dealing with who may make claims against an estate for support.

Enduring Powers of Attorney vary even more widely from place to place. Everything from the form to be used, the eligibility of witnesses and the content of the document is prescribed by law.

If your document does not meet the requirements of the law in your new place of residence, then it will not be valid. You may not even realize that the documents you have in place are not effective.

Whenever my clients tell me that they are moving to another province, or considering doing so, I recommend that they see a lawyer in that new place to review their documents. A review doesn't always result in new documents being made, but it is worthwhile to go through the review process so you know where you stand.

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