SnowyNinja

We have a will made in the UK. We still have property there.

We have lived in Canada for over 8 years now and bought a house, cars and also have a bank account here.

last year, in May, we started the process of creating a will, here in Canada and used a lawyer. However, she wasn’t sure how it would or could work having 2 separate wills. She was going to find out for us and get back.

we never did hear back and to be fair, we didn’t follow up with her either.

Does anybody here know the legalities of wills in Canada and UK?

in my mind it would be really simple if all Canada assets would be covered in a Canadian will and all UK assets in a UK will. Is this possible, does anyone know?

thank you!

Twitcher1958

I think there was a similar thread a few months ago and I don’t think there was a conclusive answer. We had our wills redone here in Canada a few years ago - been here 10 years, still have property in Uk etc. Our revised wills covers all our assets, both here and there, and is essentially the same as previous, with some updates to take into account family members no longer with us.
Some advise to get specific wills to cover each country, others were of similar view to us in that you only can have one last will and testament. I suppose if you don’t essentially change the provisions, you could argue it doesn’t matter?

Siouxie

I was told that you should have one will for all of your Canada and UK assets - and that the will would be probated in Canada and then be sent to the UK to be formally resealed and the UK assets released.
You don't have to have the will drawn up by a solicitor / lawyer.

HGerchikov

I found this:

An “international will” is a Will that has been prepared according to the rules regarding international Wills set out in the Washington Convention of 1973. When a person has prepared a Will and then moves to another country, province or state, or where the testator owns property in a foreign jurisdiction there can be conflicts between the laws of the jurisdictions that could prevent the Will from being interpreted as the testator had intended. In this case the testator may wish to prepare a Will in the form prescribed for an International Will. A properly prepared International Will is then recognized as valid in any other state or nation that has adopted the Washington Convention. If you own assets in a different country or state, or if you have a foreign domicile, then please seek advice from a lawyer in the relevant jurisdiction.

here: https://www.lawdepot.ca/law-library/...a/#question6_2

Sunnybrae

For what it's worth, my solicitor told me that whenever I do end up living in Canada, it's okay to have a UK (Scottish) will for my UK assets and a Canadian one for my Canadian assets. So long as they are country specific and no duplication of assets I can't see that being a problem. She said a few of her clients have multiple wills when living abroad.

SnowyNinja

Thank you everyone. This is really helpful. I was hoping two separate wills for assets in each country would work.

I will look up information regarding an international will.

Hurlabrick

Same as my Canadian lawyer also told me.

Siouxie

One disadvantage to a UK separate will is in order to get a grant of probate for the will the executor might have to return to the UK to proceed... it can't be done online unless you were living in the UK.. and the executor resides there, I believe (appointing a legal firm to do it will cost $$$).
https://www.gov.uk/applying-for-probate

If you have one Canadian will to cover both countries you can get the grant of probate in Canada and then have it 'resealed' in the UK to release the assets there.
https://www.nsslegal.co.uk/news/rese...-grant-probate (explanation, not a suggestion of a company to use - there are hundreds showing online who offer the service.)

Sunnybrae

Whatever way you choose, the solicitors will be ones who gain from it. My mum passed away in Scotland with an English will. Her English solicitor who drew up the will for mum and charged her accordingly a few years ago, then charged her estate nearly £300.00 to say it was a legitimate will drawn up in accordance with English Law!!

Siouxie

That's why I did all the documentation necessary to apply for a grant of probate, then collected the assets and distrubuted them, as executor of my father's estate (including selling the house) in the UK.

There is no requirement in the UK to use a solicitor - the executor can do it themselves, and not all wills need to have a grant of probate - https://mylegaladviser.co.uk/advice/probate-guide
... but I suppose the Scottish courts wanted proof it was legally drawn up.
A friend in Canada paid thousands of $$$ in legal fees to do the same thing, and 2 years later still hadn't settled the estate so it seems some legal eagles are as bad here... but in Ontario you don't have to use lawyers either. https://ontario-probate.ca/probate-basics/