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What should I do about my will if I am moving to another province?

Have the will reviewed. Administration follows the province you die in, and BC in particular has a much wider basis for challenging a will.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Have the will reviewed. Administration follows the province you die in, and BC in particular has a much wider basis for challenging a will.

The Canadian position

Have the will reviewed. Administration follows the province you die in, and BC in particular has a much wider basis for challenging a will.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

What to do about it

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  2. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  3. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Updating will after moving province ontario — Treadstone Law
  2. Beneficiary designation vs will which controls — Treadstone Law
  3. Conflicting wills which one governs ontario — Treadstone Law
  4. Will vs beneficiary designation which controls — Treadstone Law
  5. Wills & estates practice — Treadstone Law