BEFORE TRAVELLING - IMPORTANCE of WILLS, ESTATE PLANNING ...
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
Given the frequency with which Canadians travel outside of the country, it is actually quite surprising how few travelling Canadians have wills, powers of attorney, personal directives and other estate planning documents prior to their departure, with many other Canadians do not have up-to-date estate planning documents (with their existing paperwork not reflecting their current intentions). And when you leave the country, you are also removed from the immediate protection of your local legal and medical systems, such that the most critical preparation might well involve ensuring your estate planning documents are complete and current. Having a comprehensive Will, Power of Attorney, and Personal Directive acts as a "legal safety net," ensuring that if the unexpected occurs while you are out-of-country, your wishes are known and your interests are protected without the intervention of foreign courts or complex international bureaucracies.
Your Last Will and Testament is the cornerstone of your estate planning preparation. If a Canadian citizen passes away abroad without a Will (intestate), the distribution of their assets can become a jurisdictional nightmare. Foreign authorities and Canadian provincial courts may have conflicting rules on how to handle your estate, leading to significant delays and high legal fees for your grieving family. An up-to-date Will clearly defines your executors and beneficiaries, streamlining the probate process and ensuring that your Canadian assets are managed according to your specific wishes rather than a default government formula [more on before travel Wills]. Meanwhile, more sophisticated estate planning strategies, involving trusts and other legal arrangements can optimize your wealth transference, while minimizing taxes [more on before travel Trusts and Estate Planning].
Beyond the distribution of assets, a Power of Attorney for Property is indispensable for managing your financial life during an extended or unexpected absence. If you are injured or detained abroad and cannot access your accounts, your designated attorney in Canada can step in to pay your mortgage, manage your investments, and handle insurance claims on your behalf. Without a valid Power of Attorney, your bank accounts could be frozen, and your family might be forced to apply for a court-ordered guardianship, a process that is both time-consuming and expensive, at a time when they are already under immense stress [more on before travel Powers of Attorney].
Equally vital is the Personal Directive (also referred to as a Living Will or Power of Attorney for Personal Care), which sets forth your specific instructions regarding medical treatment and end-of-life care. Healthcare standards and legal requirements for "consent" vary wildly across international borders. A clear, Canadian-authorized Personal Directive provides your loved ones and medical teams with the legal authority to make decisions that align with your values, potentially preventing unwanted medical interventions or ensuring you receive the specific care you desire while being stabilized for transport back to Canada [more on before travel Personal Directives].
The importance of these documents being up-to-date cannot be overstated. Life transitions, such as marriage, divorce, the birth of a child, or the relocation or death of a previously named executor (among other scenarios), can render older documents obsolete or even legally invalid in some provinces. Reviewing your estate plan before an international trip ensures that your named representatives are still the people you trust most and that they are still willing and able to act. It also allows you to ensure your documents comply with any recent legislative changes in your home province, which is critical for their recognition by foreign institutions.
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.
Contact Info - Mobile Services - Hospital Visits - Remote Video Services - Legal Notices - Privacy - Terms of Use - Main Will Webpage