Before Travelling: Importance of a Current & Up-to-Date Will
Before Travelling - Will - Power of Attorney - Personal Directive - Trust - Estate Planning
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
When preparing for foreign travel, most Canadians meticulously check their passports, flight itineraries, and travel insurance, yet one of the most critical safeguards, a current and valid will, is all too frequently overlooked. This oversight is particularly concerning given the statistical reality: half of Canadian adults do not have a last will and testament at all (source: Angus Reid Institute). For those who do, a significant portion possess documents that are "stale," having been written years or even decades ago. Without a will that reflects your current intentions, you will be leaving your estate to be governed by provincial intestacy laws or an out-of-date legal document, neither of which might align with your personal wishes or modern family dynamics.
The situation is only exacerbated should you death occur out-of-country. If an unexpected tragedy occurs abroad, the lack of a clear, legally binding document can trigger a bureaucratic nightmare for grieving family members. In the absence of a designated executor, Canadian consular officials and foreign authorities may be restricted in how they can assist, often requiring court-appointed representatives before any local assets can be managed or remains can be repatriated. A valid will provides the immediate legal authority needed to navigate these international complexities, ensuring your family isn't left stranded in a foreign legal system.
Furthermore, many Canadians fail to realize that life changes (such as marriage, divorce, or the birth of children) can render an existing will functionally obsolete. Recent data suggests that while older demographics are more likely to have a will, nearly one-third of those documents are out-of-date. An outdated will might name an executor who is now deceased, or fail to account for new assets and beneficiaries. When travelling, this lack of clarity can lead to expensive litigation and delays, especially if your intentions regarding the guardianship of minor children or the distribution of foreign property are not explicitly stated in a contemporary document.
Beyond the distribution of physical assets, an up-to-date will serves as a vital communication tool for your final wishes. For the eighty percent of Canadians who express a desire for their family to receive support quickly after their passing, the "intestacy" process is a direct obstacle, often taking months or years to resolve. By proactively updating your will before departure, you provide a clear roadmap that minimizes taxes, avoids unnecessary court fees, and prevents family disputes. It transforms a potentially chaotic situation into one managed with order and dignity, allowing your loved ones to focus on their grief rather than legal battles.
As such, when you are planning to travel out-of-country (or even when you are remaining in country), it is important to consider the adequacy of your estate planning arrangements and the legal documents properly protect you and your loved ones. International emergencies are chaotic; by having your legal affairs in order before you check in for your flight, you remove the burden of guesswork from your family. You provide your loved ones with a clear roadmap, the legal authority to help you, and the peace of mind that comes from knowing exactly what you would want. This preparation ensures that a medical or legal crisis abroad doesn't transform into a lifelong financial or emotional catastrophe for your loved ones.
Ensure that you have complete and up-to-date Wills, Powers of Attorney, Personal Directives and other estate planning documents in advance of your travels, such that we welcome you to contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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