Guest Blog Post by Preyanka Prasad, Wills and Estates Lawyer of VanderLeek Law
Moving to Canada often means building a new life for your family. If you are a foreign worker, permanent resident, or newcomer who is not yet a Canadian citizen, estate planning may not be the first thing on your mind. However, taking the time to prepare properly drafted documents can help protect your wishes, simplify administration, and provide peace of mind as you build your career and your future here.
A will is more than a document that says who receives your property. It appoints the person who will administer your estate, gives direction about your wishes, and can help reduce confusion, delay, and conflict for the people you leave behind. Without a valid will, Alberta’s default legal rules may determine what happens to Alberta assets rather than your personal wishes or the expectations of family members overseas. An Alberta will can help ensure that your executor has clear authority to apply for probate in Alberta and deal with your Alberta assets and liabilities. It can also reduce the risk that your family will need to rely on an out-of-country document that may be difficult to use in Alberta.
Moreover, when assets or family members are located in different jurisdictions, estate administration can become more challenging. Each country has its own rules about wills, probate, taxation, land transfers, and who has authority to deal with property after death. Real estate comes with its own set of complexities because land is generally governed by the law of the place where it is located. This means that Alberta property is typically dealt with under Alberta law, even if you made a will before moving to Canada or still consider another country to be “home.” Some newcomers may need coordinated wills, such as one will for Alberta property and another will for assets in their country of origin or another province. This must be handled carefully. Poorly drafted documents can accidentally revoke one another, create inconsistent instructions, or complicate probate. A coordinated estate plan helps ensure that each document works together and that your wishes are understood across borders.
Estate planning is also about more than what happens after death. A complete Alberta estate plan typically includes an enduring power of attorney for financial decisions and a personal directive for health and personal care decisions in the event you lose capacity. These documents can be particularly helpful if your closest relatives live outside of Canada, because they allow trusted people to step in during your lifetime and may help avoid uncertainty, delay, or court applications.
The best time to review your estate plan is before there is an urgent need. Major life events such as receiving permanent residence, applying for citizenship, marriage, separation, divorce, the birth of children, buying a home in Alberta, moving provinces, or acquiring assets outside Canada are all good reasons to update your documents. Even if your wishes have not changed, the legal and practical requirements for carrying them out may have. A thoughtful estate plan gives your loved ones’ clarity during a difficult time. Regardless of whether you still have assets in another country, having a carefully crafted Alberta will will make a meaningful difference.
Call Ackah Business Immigration Law today at (403) 452‑9515 to discuss what steps you should take now to protect your family and loved ones.
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About the Author
Preyanka maintains a practice in all aspects of estate law as well as guardianship and trusteeship. She joins us from a prominent global law firm from which she brings her experience in insurance defence and management-side labour and employment work. Preyanka obtained her Juris Doctor from the University of Saskatchewan in 2021 and was called to the bar in both Saskatchewan and Alberta in 2022. While attending the College of Law, she was the 2021 recipient of the Saskatchewan Trial Lawyers Association prize for trial advocacy. Prior to attending law school, Preyanka completed her Bachelor of Commerce Degree in her hometown at the University of Calgary, where she volunteered with the Calgary Women’s Centre. She carried on her community involvement in law school, through volunteer work with Pro Bono Students Canada as part of their Wills Project. Preyanka seeks to use her legal knowledge and expertise to continue engaging in charitable initiatives in her community. As a born and bred Calgarian, she has now returned home to the mountains where she spends time with her own family, as well as helping families with their estate planning, administration and (every now and again) litigation needs.
