Top 2 Legal Documents to Have in Place Before Travelling
By Rose Shawlee
You’ve already made sure your home, health, and travel insurance are up to date, but what legal documents
should you have in place when heading out of town?
The first key document is your Power of Attorney. A Power of Attorney allows whomever you appoint,
to do on your behalf, those things you are able to do with regard to finances and property.
You can make a general Power of Attorney that will be valid, usually, until your death.
Alternatively, you can make a specific Power of Attorney that is valid only for the duration of
your planned absence or for specific purposes, such as paying your bills while you are away.
This document can be invaluable if your belongings, particularly your funds, passport or visas, are stolen
while travelling. Your Attorney may be able to access your bank accounts and transfer money to you and assist
in dealing with government officials on the home front on your behalf to expedite obtaining your new travel documents.
This document is equally valuable in dealing with emergencies arising at home while you are away,
such flooding in your house or vandalism at your business.
The second key document is your Will. Your Will serves two primary purposes: it designates who
will handle your affairs following your death (your Executor), and designates who is to receive your
assets (your Beneficiaries). If you pass away while travelling in a foreign jurisdiction, which means
anything outside of your province of residence, having an Executor is critical. This person is
responsible for handling your remains, including ensuring that you are returned to your home jurisdiction.
For the person who has acquired property in jurisdictions outside B.C., it may be necessary for you to have a
Will in each jurisdiction in which you have real estate and assets. Multiple Wills are not as bizarre as they
sound, but it is imperative that all Wills for an individual work together and be prepared having an eye to the
existence of other Wills, lest each new Will in a different jurisdiction unintentionally invalidates earlier
Wills in another jurisdiction.
While travelling, you should be enjoying your deserved respite and a Power of Attorney and Will can help
provide peace of mind.
Rose Shawlee is an attorney at Benson Salloum Watts. If you have a question for Street Legal, she can be
reached at
rshawlee@BensonSalloumWatts.com or (250)491-0206.
