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Making a will in England whilst living in Canada

Making a will in England whilst living in Canada

Old Dec 30th 2018, 6:42 pm
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Default Making a will in England whilst living in Canada

I am moving to Vancouver in a few weeks and have property in England and Wales.

I'm reading up on making a will, but it talks about domicile... should I make a UK will and a Canadian will?

Anyone had experience in this kind of thing?
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Old Dec 30th 2018, 6:48 pm
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Default Re: Making a will in England whilst living in Canada

Originally Posted by noop
I am moving to Vancouver in a few weeks and have property in England and Wales.

I'm reading up on making a will, but it talks about domicile... should I make a UK will and a Canadian will?

Anyone had experience in this kind of thing?
I was advised to make both a UK will and a Canadian will as we still have some assets remaining in the UK (and we have now done this).
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Old Dec 30th 2018, 6:54 pm
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Default Re: Making a will in England whilst living in Canada

Thanks for sharing.
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Old Dec 30th 2018, 7:45 pm
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Default Re: Making a will in England whilst living in Canada

We looked at this, and it definitely makes sense to have two wills. Otherwise if you only have a Canadian will and have any assets in the UK (other than a bank account with more than a few thousand pounds in it) you will need to get probate in the UK. This is done by ‘resealing’ the Canadian probate documents and will (to have them recognised as applying in the UK); “Resealing under Colonial Probates Acts 1892 and 1927” is the proper name. See The Non-Contentious Probate Rules 1987 . You might want to contact a specialist UK firm to do this, and my hunch is that it won't be cheap! You then apply to a UK probate office for a grant of probate. Though I'm not a lawyer so please treat everything I've said here with caution.
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Old Dec 31st 2018, 3:19 am
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Default Re: Making a will in England whilst living in Canada

Quite simply, in any jurisdiction where you have assets, you must make a will.
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