Making a will

Old Mar 15th 2023, 9:21 pm
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Default Making a will

What does everyone do with regards to a will when you have assets in UK and Canada?
Do you have a UK will and a separate Canadian will, or is it combined?
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Old Mar 16th 2023, 12:34 am
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Default Re: Making a will

This question comes up frequently in different forums across BE, and there are two schools of thought - those who say that your "last will and testament" is exactly that, and only one will can be "last". The other school goes for a will in each country.

The problem that can arise is that whoever gets "all my other property and chattels" in the later-dated will, can legally take will that to the other country and claim, likely successfully, that as holder of the "last" (later-dated) document, they have the legal right to all your estate in that country. Personally I am in the former camp, and argue that having one will is legally sufficient, clean and tidy, with no ambiguities or room for arguments.

If you have only one will your executor will need to have your will endorsed by the court in the "other jurisdiction", depending on which country you prepare your will in, before it can be executed.
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Old Mar 16th 2023, 2:32 am
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Default Re: Making a will

Thank you for your reply. Both would be identical as in all left to same person, so nothing to contest.
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Old Mar 16th 2023, 2:06 pm
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Default Re: Making a will

Originally Posted by SnowyNinja
Thank you for your reply. Both would be identical as in all left to same person, so nothing to contest.
So it's your choice, one will would be slightly cheaper to set up, two wills would be slightly cheaper and easier to execute, as there wouldn't be a foreign will to need a court endorsement.
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