Go Back  British Expats > Living & Moving Abroad > Canada
Reload this Page >

For those who have wills...

For those who have wills...

Old Nov 7th 2007, 10:32 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Oct 2005
Posts: 46
Venus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to all
Default For those who have wills...

We had a solicitor come to our house today to help write a will for me and my husband, but one of the things he said was if we were to move to Canada we will have to make another will as we will be living there. Is this right? I always thought once you have a will it doesn't matter where you are as your assests will be share between all the dependants. Have you had to make a different will when you move to Canada? thanks
Venus is offline  
Old Nov 7th 2007, 10:38 pm
  #2  
 
Joined: Feb 2007
Posts: 3,020
bazzz is an unknown quantity at this point
Default Re: For those who have wills...

We'd worked on the assumption that your assets in the UK would be subject to a will lodged in the UK, but assets in Canada would need a Canadian will.

We did wills before we left to cover our properties in the UK. Fortunately we have bugger all in the way of assets in Canada (other than a lot of waterproof clothing and some second-hand skis) so haven't worried about that yet.
bazzz is offline  
Old Nov 7th 2007, 10:47 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Oct 2005
Posts: 46
Venus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to all
Default Re: For those who have wills...

So then if I sell my house that means the will is worthless???
Venus is offline  
Old Nov 7th 2007, 11:16 pm
  #4  
Now on Vancouver Island
 
Judy in Calgary's Avatar
 
Joined: Feb 2005
Location: Nanaimo, British Columbia, Canada
Posts: 6,935
Judy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond repute
Default Re: For those who have wills...

Please read this thread entitled Joint account weirdness - please advise.
Judy in Calgary is offline  
Old Nov 7th 2007, 11:22 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Oct 2005
Posts: 46
Venus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to allVenus is a name known to all
Default Re: For those who have wills...

Thanks Judy
Venus is offline  
Old Nov 7th 2007, 11:23 pm
  #6  
Scottish Canuck
 
Cookie's Avatar
 
Joined: Aug 2006
Location: Auld Scotia > Nova Scotia > Calgary
Posts: 3,703
Cookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond reputeCookie has a reputation beyond repute
Default Re: For those who have wills...

I think it all comes down to following the laws of your country of residence, not where you used to live.
Cookie is offline  
Old Nov 7th 2007, 11:38 pm
  #7  
Not dead yet
 
Thydney's Avatar
 
Joined: Apr 2004
Location: In a world of my own where I know everyone
Posts: 15,042
Thydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond reputeThydney has a reputation beyond repute
Default Re: For those who have wills...

Originally Posted by Venus
So then if I sell my house that means the will is worthless???
No, if you no longer have an asset it would not void a will
Thydney is offline  
Old Nov 8th 2007, 12:06 am
  #8  
Binned by Muderators
 
Joined: Jul 2007
Location: White Rock BC
Posts: 11,682
JonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond repute
Default Re: For those who have wills...

I would strongly urge everyone to make wills that are valid in their province of residence. I'm not a lawyer but I understand the recognition of foreign wills is fraught with complications. Even wills made with will kits are far better than nothing if your affairs are relatively simple.

A little bit of time and money spent now will save your surviving family soooo much trouble and grief, at a time when they will be least able to cope with it, if you turn your toes up ahead of schedule.
JonboyE is offline  
Old Nov 8th 2007, 12:45 am
  #9  
Banned
 
Joined: Dec 2005
Location: Cochrane near Calgary, Alberta
Posts: 667
Helen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud of
Default Re: For those who have wills...

Originally Posted by Venus
We had a solicitor come to our house today to help write a will for me and my husband, but one of the things he said was if we were to move to Canada we will have to make another will as we will be living there. Is this right? I always thought once you have a will it doesn't matter where you are as your assests will be share between all the dependants. Have you had to make a different will when you move to Canada? thanks

A will is a document stating what you want done with your money, assets, children if you die.

You can write it down in any country and it will still apply is any other country. So currently my will basically says if I died everything goes to my husband. It is written in English on Canadian paper and witnessed by my two friends who are also canadian. It cost me the peice of paper and any lawyer would have to abide by it. A lawyer can not say " this is not written by a lawyer and is invalid" My money and my wishes are still the same.

And if I happen to die tonight, you can all go witness that this was on this website and that I want my assets and money to go to my husband.

Don't get all tied up with what a will is. It is a document stating what you want done if you die. simple.
Helen Parnell is offline  
Old Nov 8th 2007, 1:02 am
  #10  
Binned by Muderators
 
Joined: Jul 2007
Location: White Rock BC
Posts: 11,682
JonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond repute
Default Re: For those who have wills...

Originally Posted by Helen Parnell
A will is a document stating what you want done with your money, assets, children if you die.

You can write it down in any country and it will still apply is any other country. So currently my will basically says if I died everything goes to my husband. It is written in English on Canadian paper and witnessed by my two friends who are also canadian. It cost me the peice of paper and any lawyer would have to abide by it. A lawyer can not say " this is not written by a lawyer and is invalid" My money and my wishes are still the same.

And if I happen to die tonight, you can all go witness that this was on this website and that I want my assets and money to go to my husband.

Don't get all tied up with what a will is. It is a document stating what you want done if you die. simple.
I don't think this is right. Estate law is Provincial law. In BC all wills must go through probate and the Courts will only allow a named executor to distribute the estate if the will is valid according to BC law. If a person dies without a will that is valid according to BC law they are considered to have died intestate.

Of course, there are will variance procedures, and I am sure that an existing will that is not written according to BC law will be considered as persuasive evidence in these proceedings. However, you are looking at many months and many thousands of dollars in legal fees to have things put to rights.
JonboyE is offline  
Old Nov 8th 2007, 3:02 am
  #11  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: For those who have wills...

Originally Posted by JonboyE
I don't think this is right. Estate law is Provincial law. In BC all wills must go through probate and the Courts will only allow a named executor to distribute the estate if the will is valid according to BC law. If a person dies without a will that is valid according to BC law they are considered to have died intestate.
It really depends on what the law in that jurisdiction is about recognition of a will under another jurisdiction. In some jurisdictions it's not a problem, in others it is.

Of course, if you are living in BC and don't have many of your assets in BC, then it really doesn't matter so much what BC accepts the will or not.

Even if your jurisdiction recognises wills from other jurisdictions, it's usually best to have your will where most of your assets are located. Also consider how your jurisidiction deals with making provision for guardianship of children.

Having two wills, in different jurisdictions, is usually possible but you need to be careful that they are worded correctly otherwise the mess created can be worse than nothing at all. Only should be considered if you have significant assets in both jurisdictions.

Strong recommendation. The law relating to wills and estates is subject to many urban myths so don't automatically believe what you read on forums, hear in the pub etc. Nor should you necessarily believe a lawyer unless that lawyer is experienced in this particular area.
JAJ is offline  
Old Nov 8th 2007, 3:19 am
  #12  
Now on Vancouver Island
 
Judy in Calgary's Avatar
 
Joined: Feb 2005
Location: Nanaimo, British Columbia, Canada
Posts: 6,935
Judy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond reputeJudy in Calgary has a reputation beyond repute
Default Re: For those who have wills...

Originally Posted by Helen Parnell
You can write it [a will] down in any country and it will still apply is any other country.
I am not a lawyer, but my research -- in the "Joint account weirdness" thread to which I referred earlier -- uncovered the fact that not all Canadian provinces are signatories to the Convention Providing a Uniform Law on the Form of an International Will. A couple of articles to which I provided links in that thread -- which were on the websites of Canadian law firms -- stated that not all Canadian provinces recognized wills made in other countries.

Your will was made in Alberta, Helen, so from that point of view would be valid if you were a resident of Alberta at the time of your death.

My will also was made in Alberta, so I'm not really worried about it. But when I searched the Internet for information to supply in the "Joint account weirdness" thread, I had a devil of a job finding out if Alberta was a signatory to the Convention Providing a Uniform Law on the Form of an International Will.

I found the website of a law firm in Edmonton that implied Alberta was a signatory. If that is so, I believe a will that a resident of Alberta had made back in the UK would be valid.

But, if I was a new resident of Alberta, I would not take the validity of my UK will for granted. I would make a new will in Alberta (and that's in fact what my husband and I did soon after we arrived here).

I think Venus was asking whether or not the will that she and her husband are in the process of making in the UK will be valid after they've moved to Canada. I don't think they can be sure that it will be valid. I think it depends to some extent on the province to which they move and whether or not that province is a signatory to the Convention.

I say that not as a lawyer but only as someone who did a bunch of research in order to provide responses in the "Joint account weirdness" thread.
Judy in Calgary is offline  
Old Nov 8th 2007, 4:41 am
  #13  
Banned
 
Joined: Dec 2005
Location: Cochrane near Calgary, Alberta
Posts: 667
Helen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud ofHelen Parnell has much to be proud of
Default Re: For those who have wills...

Originally Posted by Judy in Calgary
I am not a lawyer, but my research -- in the "Joint account weirdness" thread to which I referred earlier -- uncovered the fact that not all Canadian provinces are signatories to the Convention Providing a Uniform Law on the Form of an International Will. A couple of articles to which I provided links in that thread -- which were on the websites of Canadian law firms -- stated that not all Canadian provinces recognized wills made in other countries.

Your will was made in Alberta, Helen, so from that point of view would be valid if you were a resident of Alberta at the time of your death.

My will also was made in Alberta, so I'm not really worried about it. But when I searched the Internet for information to supply in the "Joint account weirdness" thread, I had a devil of a job finding out if Alberta was a signatory to the Convention Providing a Uniform Law on the Form of an International Will.

I found the website of a law firm in Edmonton that implied Alberta was a signatory. If that is so, I believe a will that a resident of Alberta had made back in the UK would be valid.

But, if I was a new resident of Alberta, I would not take the validity of my UK will for granted. I would make a new will in Alberta (and that's in fact what my husband and I did soon after we arrived here).

I think Venus was asking whether or not the will that she and her husband are in the process of making in the UK will be valid after they've moved to Canada. I don't think they can be sure that it will be valid. I think it depends to some extent on the province to which they move and whether or not that province is a signatory to the Convention.

I say that not as a lawyer but only as someone who did a bunch of research in order to provide responses in the "Joint account weirdness" thread.
Though I am no lawyer and can not be bothered to read all about the international wills or something. Think about it all, you decide to move country you have a will from the country you leave. You arrive and do the paperwork and 'land' in your new country. Leaving the airport you step out and get knocked down by a passing plane.

Now every province/ country can have different rules, but what they are all going to ask is what did the deceased want to happen to her/his estate.

They can go before judges, lawyers, probate, the law lords, senate who ever, but at some stage these people are going to say what did the decease last write. Now it could be written in dutch, japanese, chinese or english but they can not decide, ' well this person has a will from another country, and died in our country after living here for a short time so the money is all ours'

Making a will make life alot easier for all those who are left alive to deal with your estate. It can save probate, lawyers time (and thus your estate money) and can help your children if they know where they are going to go.

Having a Canadian will or a will written in the province that you reside in makes life for those left behind easier. Having a will written in another country or by yourself does not make it null or void if you move province or country.
Helen Parnell is offline  
Old Nov 8th 2007, 5:47 am
  #14  
Banned
 
Joined: Aug 2007
Location: New Caledonia
Posts: 1,810
Surrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond reputeSurrey Expat has a reputation beyond repute
Default Re: For those who have wills...

Q & A from the BC government on wills. http://www.ag.gov.bc.ca/courts/civil...ls_estates.htm
Surrey Expat is offline  
Old Nov 8th 2007, 8:42 am
  #15  
Account Closed
 
Joined: Nov 2005
Posts: 342
woofwoof is an unknown quantity at this point
Default Re: For those who have wills...

Originally Posted by Venus
We had a solicitor come to our house today to help write a will for me and my husband, but one of the things he said was if we were to move to Canada we will have to make another will as we will be living there. Is this right? I always thought once you have a will it doesn't matter where you are as your assests will be share between all the dependants. Have you had to make a different will when you move to Canada? thanks
Hello
I think it depends on your "domicile"........Take a look at this


Domicile (law) is a term that designates the law of a person for purposes of determining certain legal questions such as the ability to invoke the jurisdiction of a Court, or the interpretation of a will. A person may have many places of residence, but may only have one domicile. At birth a person obtains the domicile of their parents, and can change it by foresaking their former domicile and intending to reside indefinitely at a new place in which they are physically and lawfully present. In some people's personal law, a woman obtains the domicile of her husband upon marriage. The law of the domicile will govern the law of inheritance applicable on the death of a person and the matrimonial law governing the property of a married couple wherever that property may be.


We decided the minute we get there we will get a new will done.
woofwoof is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.