Why Every Immigrant in Canada Needs a Will
When you move to a new country, you plan everything: the visa, the job, the apartment, the school for the kids. The one thing almost nobody plans is what happens to all of it if you are not around. On the show, lawyer Gary Kirk, a partner at Kirk Montoute Dawson LLP with 28 years of practice in wills, estates, and family law, explained why that gap is one of the most dangerous mistakes newcomers make, and how easy it is to close.
"I Don't Have Enough to Need a Will"
This is the sentence Gary hears most often, and it is the one that worries him most. Many newcomers are still building. They rent, they are paying off a car, the savings account is small. A will feels like something for older people with houses and investment portfolios.
But a will is not really about how much you own. It is about who makes decisions when you can no longer make them. If you have a partner, children, a bank account, a pension plan, or even a phone full of accounts and photos, you already have an estate. Without a will, you have simply let someone else decide what happens to it. In Canada, that someone is provincial law and, often, a court.
Gary's own path is a good reminder that it is never too late to start something important. He did not begin his legal career until he was 30. The same applies here: the right time to sort this out is not when you have "enough". It is now.
The Biggest Risk: Your Children
For parents, this is the part of the conversation that matters most. If both parents die without a will naming a guardian, nobody has been chosen to raise the children. A court has to decide, and relatives may end up competing for that role, or the person you would have chosen may never be considered at all.
For immigrant families the problem runs deeper, because the people you trust most often live in another country. Gary walked through how you can name a guardian who lives outside Canada, and why that choice has to be thought through properly, not scribbled on a form. Where will the children live? Who manages their money until they are adults? Who is the backup if your first choice cannot step in? These are uncomfortable questions, but answering them once, on paper, spares your family from answering them in a courtroom at the worst moment of their lives.
A Will Is Not the Same as a Power of Attorney
One of the most useful parts of the episode was Gary's explanation of the documents people confuse. A will takes effect when you die. It says who receives what, who manages your estate, and who looks after your children.
A power of attorney does a different job. It covers your finances and property while you are still alive but unable to act for yourself, for example after an accident or a serious illness. A personal directive covers your healthcare: who speaks for you with doctors, and what kind of care you would want. Each document covers a gap the others leave open. Having a will alone still leaves your family stuck if you are in hospital and cannot sign anything.
Why a Template Can Cost You More Than a Lawyer
Online templates and DIY will kits are tempting, especially when money is tight. Gary's warning was clear: a template that is filled out wrongly, signed without the proper witnesses, or that simply does not fit your situation can end up in court. Fixing it afterwards can cost the family $5,000 or more, far more than getting it done properly in the first place.
He also spoke about the new wave of AI generated wills. The technology will keep improving, but a document is only as good as the questions behind it. A lawyer's job is to ask what you did not think to ask, especially when your life spans more than one country.
The Things Nobody Thinks About
Estate planning today goes well beyond the house and the bank account. Gary covered digital assets, from social media accounts to cryptocurrency like Bitcoin. If nobody knows how to access them, they can simply be lost. A plan for passwords and access is now part of a proper estate plan.
Taxes are the other surprise. When someone dies in Canada, the tax system generally treats their assets as if they were sold on the day of death. That can trigger capital gains, and RRSP savings can become taxable income in the final return, unless the plan is set up to pass them to a spouse or partner. Without planning, a meaningful share of what you built can go to tax instead of to your family.
Finally, Gary talked about family conflict, which is often what hurts the most. Unclear wishes, blended families, and relatives in different countries with different expectations can turn grief into a dispute. He also touched on prenuptial and cohabitation agreements, and what newcomers who married in another country should know about how their relationship is treated here. Clear documents protect relationships, not just money.
The Number One Advice for Newcomers
Gary's closing advice was simple: book a consultation. It does not have to be complicated or expensive, and it costs far less than fixing the problem later. One conversation with a lawyer will tell you what you need, what you can skip for now, and what your family is exposed to today.
We came to Canada to build a better life for the people we love. Protecting that life is part of the job. It is not the exciting part, but it may be the most important one.
Key takeaways
- You do not need to be wealthy to need a will. If you have a partner, children, savings, or accounts, you already have an estate, and without a will the law decides what happens to it.
- Naming a guardian is the single most important step for parents. If the person you trust lives outside Canada, plan it properly with a lawyer.
- A will, a power of attorney, and a personal directive do different jobs. You need all three to protect your family both after death and during an illness or incapacity.
- DIY templates can fail, and fixing them in court can cost $5,000 or more. Taxes, digital assets, and family agreements all belong in the plan.
- Start with a consultation. It costs less than fixing the problem later.
This article is for general information only and is not legal, tax, or financial advice. Estate law differs by province. Speak to a qualified professional about your own situation.