Do I need a new will if I move to Ontario from another province?
A will that was validly made in another Canadian province is generally recognized in Ontario. Ontario's Succession Law Reform Act contains choice-of-law rules that recognize a will's formal validity if it complies with the law of the place where it was made, the place of the testator's domicile at death, or the place where the property is located (for real property).
That said, simply being legally valid is not the same as being optimal for your Ontario situation. Each province has different rules regarding spousal rights, dependent support, executor authority, and estate administration. A will drafted in British Columbia or Quebec, for example, may not be ideally structured for Ontario administration — particularly around the estate trustee's powers and the treatment of spousal property.
Moving to Ontario is a good trigger to have a local lawyer review your will. They can confirm the will is valid in Ontario, identify any provisions that may work poorly under Ontario law, and recommend whether a new Ontario will would serve you better.
Also note that Quebec wills can differ significantly from common-law wills — a notarial will from Quebec may need careful treatment when dealing with Ontario assets. If you own real property in multiple provinces, the situation is more complex and definitely warrants a legal review.
Key takeaways
- Wills validly made in other Canadian provinces are generally recognized in Ontario
- But an out-of-province will may not be optimized for Ontario's legal framework
- Moving to Ontario is a good trigger for a legal review of your existing will
- Quebec notarial wills and multi-province estates warrant particular attention