Moving Provinces — When to Update Your Will

A Canadian Will doesn't automatically become invalid when you move to a different province, but it may not be optimized for your new province's specific rules. Most moves warrant a review and potentially an update within the first year.

The general rule #

Canadian provincial Wills Acts typically recognize Wills executed validly in:

• Another Canadian province
• Many common-law foreign jurisdictions

So a Will properly executed in BC is generally valid in Alberta after a move, and vice versa.

But valid doesn't mean optimized. Specific provincial provisions may apply or not, depending on your new province.

What changes by province #

Probate fees #

Significant variation:

• Manitoba: Probate fees abolished November 2020 ($0)^[6]
• BC: Modest, capped at 1.4% of estate value over $50,000^[4]
• Alberta: Modest flat fees, capped at $525^[5]
• Ontario: Highest in Canada — 1.5% over $50,000 (no cap)^[3]
• Other provinces: Various rates

Moving from low-probate-fee province (Manitoba, Alberta) to high-probate-fee province (Ontario) may warrant probate-avoidance planning (multiple wills, joint ownership review, beneficiary designations).

Dependant relief / wills variation #

• BC: Wills Variation Act (now WESA Part 4) — most flexible challenge framework; adult children can claim
• Ontario: SLRA dependant relief — narrower (requires actual dependency)
• Other provinces: Varying frameworks

Moving from BC to Ontario means adult children no longer have automatic Wills Variation right; moving from Ontario to BC means they may gain it.

Spousal rights #

Provincial family law and intestacy rules differ. Common-law spouse rights vary significantly between provinces.

Marriage and divorce — does it revoke your Will? #

This is one of the sharpest province-to-province differences, and it's easy to miss.

• Ontario, BC, Alberta, and Saskatchewan have abolished the old common-law rule that marriage automatically revokes an existing Will (Ontario's repeal took effect January 1, 2022).^[7]
• Manitoba, New Brunswick, Nova Scotia, PEI, and Newfoundland and Labrador still apply the traditional rule — marriage automatically revokes a prior Will unless it was made "in contemplation of" that marriage.

Moving between these two groups matters. Someone who married after signing a Will, then moved from Manitoba to Ontario, may assume the marriage voided their old Will — it didn't, because Ontario's rule no longer revokes on marriage. The reverse move carries the opposite risk: a Will that survived marriage in Ontario or BC could be automatically revoked on arrival in a province that still applies the old rule, if the marriage happened after the Will was signed.

Divorce is more consistent across common-law Canada: it generally doesn't revoke the whole Will, but it typically revokes any gift or executor appointment made in favour of the former spouse, with the rest of the Will read as if the former spouse had predeceased. Confirm the current rule in your new province rather than assuming.

Multiple wills strategy #

Ontario specific. Using multiple wills (one for assets requiring probate, one for assets that don't) avoids probate fees on the non-probate Will. Specific to Ontario; less applicable elsewhere.

Holographic Wills #

Some provinces accept fully handwritten unwitnessed Wills (holographic):

• BC: Not recognized as a distinct category — a handwritten, unwitnessed document is not automatically valid. Section 58 of WESA gives the court discretion to cure formal defects and admit such a document as a Will, but only case-by-case, on a court application — it's a safety net, not a guarantee.
• Ontario: Recognized — a Will wholly in the testator's handwriting and signed by them is valid without witnesses.
• Alberta: Recognized — the Wills and Succession Act permits a Will entirely in the testator's handwriting and signed by them, without witnesses.
• Other provinces: Varies

If you're relying on a holographic Will, moving to a province that treats it differently affects validity — moving to BC in particular means a document that would have been straightforwardly valid in Ontario or Alberta now depends on a discretionary court application.

When to update after moving #

Substantial real estate in new province #

Real estate is generally governed by the law where it's located. Substantial real estate in the new province warrants specific local Will treatment.

Significant assets requiring province-specific planning #

Investment portfolios, business interests, or estates over $1M+ may benefit from province-specific tax and probate planning.

Marital or family changes around the move #

If marriage, divorce, new partner, or children entered the picture around the move, update.

Specific provincial provisions you want to use #

Multiple wills in Ontario; specific BC strategies; specific Alberta provisions. Update to use them.

After 5+ years even without changes #

Routine review every 3-5 years is good practice; combining with provincial review after a move is efficient.

How to update #

Option 1 — Codicil (amendment) #

Short document amending specific provisions:

• Must be signed and witnessed per provincial rules
• Limited scope; works for small changes
• Older Will + Codicil read together

Option 2 — Full Will replacement #

New Will entirely replacing the old:

• Most flexible; addresses everything
• Should explicitly revoke prior Wills ("I revoke all prior Wills and codicils")
• Old original Will should be marked REVOKED or destroyed

Option 3 — Online service update #

If original Will was through an online service, return to your account, update, regenerate. Specific service rules apply.

Option 4 — Lawyer in new province #

For complex estates or specific province-specific planning, consultation with a lawyer in the new province is appropriate.

Practical checklist after moving #

Within first 6-12 months:

• Review current Will for province-specific provisions
• Identify new provincial tax planning opportunities
• Confirm executor still appropriate (consider geographic considerations)
• Update beneficiary designations on registered accounts (RRSP, TFSA, life insurance, pension)
• Note new provincial intestacy rules in case Will needs updating
• Consider registering with new province's Wills Notice registry if available
• Update health care POA / advance directive for new province (provincial form may differ)
• Update Property POA for new province

What we focus on at It's Simple Will #

The Will Creator covers common-law Canadian provinces (BC, Alberta, Saskatchewan, Manitoba, Ontario, NB, NS, PE, NL, plus territories). Moving between common-law provinces is generally straightforward through the platform — return, update province in settings, regenerate.

Related guides #

• Provincial Wills Notice registries
• How often review estate plan
• Wills with foreign assets Canada
• Foreign wills in Canada