Estate Planning Is Important for Newcomers to Canada

• Many newcomers focus on getting to Canada, but may not realize they also need to plan for life once they arrive.
• If someone is living in Canada and passes away without a will, the laws of the province or territory where they live may determine how their estate is divided.
• This may not reflect the laws of their home country or what their family expected.

Wills Help Make Sure Your Wishes Are Followed

• A will helps ensure a person’s wishes match the legal outcome.
• Without a will, default government rules may apply.
• A will can help identify who receives assets, who manages the estate and how loved ones should be supported.

Life Events Should Trigger Estate Planning

• Estate planning should be considered when major life changes happen.
• These include having children, getting married, buying property, accumulating assets, receiving an inheritance or moving to a new jurisdiction.
• Gordon notes that every adult over 18 should have some form of estate plan.

Estate Planning Can Help Avoid Stress for Families

• Evelyn shares a real client story about a Canadian citizen who returned to Alberta from Mexico with his wife and child, then passed away unexpectedly within weeks.
• Because there was no paperwork in place, his family was left dealing with grief, language barriers and legal uncertainty.
• Proper planning can reduce stress for loved ones during already difficult times.

Guardianship Is Critical for Minor Children

• Parents with minor children should name a guardian in their will.
• This helps avoid uncertainty or conflict about who should care for the children if something happens to the parents.
• The court has final authority, but it will usually follow the parents’ wishes if properly documented.

Personal Directives Help With Healthcare Decisions

• A personal directive allows someone to choose who will make healthcare decisions for them if they become incapacitated.
• This includes who will speak with doctors and nurses and make medical decisions when the person cannot do so.
• Gordon notes that this became especially visible during COVID, when more people began thinking about medical incapacity.

Power of Attorney Helps With Financial Decisions

• A power of attorney allows someone to choose who will manage their financial matters if they become incapacitated.
• Without one, families may need to go to court to obtain a trusteeship order.
• This can be expensive, time-consuming and stressful.

Guardianship and Trusteeship Can Be Complicated Without Planning

• If someone becomes incapacitated without a personal directive or power of attorney, their family may need to apply to court.
• Guardianship and trusteeship applications can require medical evidence, court approval and significant legal costs.
• Planning in advance can help avoid delays and family disputes.

DIY Wills Can Create Problems

• Evelyn and Gordon discuss the risks of using homemade wills or will kits.
• Holograph wills may be valid in Alberta, but homemade wills often create legal issues.
• Problems usually arise when documents are unclear, incomplete or do not properly reflect the person’s intentions.

Professional Advice Can Save Families From Costly Mistakes

• Evelyn compares estate planning to immigration law, noting that mistakes can become more expensive to fix later.
• Proper legal planning provides peace of mind and can help prevent future disputes.
• Estate planning should be reviewed every few years or when life circumstances change.

Adult Guardianship and Planning Ahead

• Evelyn and Gordon discuss adult guardianship using the Britney Spears conservatorship as a broader example.
• The situation reminds people why it is important to choose the right people to manage healthcare and financial decisions before incapacity happens.
• Advance planning allows people to maintain more control over who acts on their behalf.

Planning for Children With Special Needs

• Estate planning is especially important for families with children or adult family members with special needs.
• Families may need to consider guardianship, trusteeship, government support programs and how gifts or inheritances could affect benefits.
• Proper planning can help protect a child’s financial future without unintentionally disrupting support.

Take the Next Step

• Gordon encourages listeners not to feel overwhelmed.
• The next step may be speaking with a spouse, adult children, financial planner, accountant or lawyer.
• The key message is to start the conversation and begin planning before a crisis happens.

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About Calgary Immigration Lawyer Evelyn Ackah

Evelyn Ackah is the Founder and Managing Lawyer at Ackah Business Immigration Law. With offices in Calgary, Toronto and Vancouver, we work with individuals and business owners from all over the world who want to cross borders seamlessly. For more information on immigration to Canada or the United States, reach out to Evelyn at Ackah Business Immigration Law today by calling (587) 854‑3821 or emailing Evelyn directly at contact@ackahlaw.com.

The Ask Canada Immigration Lawyer Evelyn Ackah podcast, hosted by Calgary Immigration Lawyer Evelyn Ackah, was named as one of the Top 60 Podcasts on Immigration on the web by Feedspot.