Venus

We decided the minute we get there we will get a new will done.[/QUOTE]

I think that it's exactly what we will do, the most important thing to me is to know that if we both died my girls will be looked after.

By the way do you keep your wills in a safe? The person that came tried to sell us some sort of insurance that includes safe keeping of the will and free changes. He said that the will has to be in perfect condition if it has even the smaller stain is not valid...is this true?

Biiiiink

When I was still UK resident, I had an Albertan lawyer look at my Scottish will wrt my Calgary property. He checked it over and said he couldn't see a problem with it, but that should I ever become resident in Canada I would need a Canadian one asap.

<reminds self to follow that sound advice and get one done!>

JAJ

It doesn't usually depend on "domicile" but again the law may vary from one jurisdiction to another. Bear in mind that "domicile" itself does not mean the same thing from one jurisdiction to another.

Paul Wildy

I have to confess that we havent made a will yet. I know that isnt sensible but the point that you highlight above is exactly the reason in our case. Part of the will involves specifying who you want to look after your children if you both die. We are both absolutely certain that we wouldnt want our children to be repatriated to England. And yet we don't know anyone in Canada well enough that we would want to name them for such a role. No matter how hard we think about it we cant seem to resolve the dilema. Not having much in the way of living relatives obviously makes it hard anyway. Perhaps its possible to name friends and make it a condition that they move to Canada! I suppose we should still do the remainder of the will even if we dont include this part for the moment. Everytime I start thinking about it though my head hurts!

Almost Canadian

So you really shouldn't be stating things that are likely to confuse or mislead.

I tell you what, if you have an "English will" and you do nothing about it, your family will have an awful time trying to sort out your estate when you pass away. My firm currrently acts for the executors of an estate of a deceased Albertan. The deceased lived in Alberta all her life and only had property in Alberta. Unfortunately, and against advice, she nominated an executrix that lives in BC as a result of which the administration of her estate has been delayed by (currently) over 15 months. Her beneficiaries have received nothing to date and the resolution of this, apparently, straightforward matter are nowhere near completion. (this has nothing to do with the lack of enthusiasm on the part of the lawyers involved before anyone refers to this).

The law in this area is extremely complicated and there is no "catch all" soundbite that I can provide anyone with that will explain the situation sufficiently.

If anyone is in this situation, they need to take advice from a lawyer that understands all jurisdictions in which the testator has property.

I am an ex-English solicitor currently requalifying in Alberta

HTH

Judy in Calgary

I don't know anything about the implications of stains.

But, stain or no stain, think what would happen if you died and your will was in a safe in your house or in a safety deposit box in a bank. Would anyone else even know that you had a will and where your will was located? How would they go about finding out what bank accounts you had and other relevant details?

Imagine if one of your siblings or a close friend died and you had to go into their house and sort through their stuff and try to figure out their affairs. Where would you begin? How long would it take you to sift through their papers and get a grip on all their bank accounts, credit cards, etc.?

My husband and I have designated a trust company (like a building society in the UK) as a co-executor of our estates. We have provided the trust company with copies of our wills and lists of our bank accounts, credit cards, bank safety deposit box, and life insurance policies. Every couple of years the trust company sends us a letter requesting an update of our bank accounts, etc. If my husband and I were to die at the same time, the information that we have provided to the trust company should enable them to get a handle on our affairs relatively efficiently.

JonboyE

In BC you can file a notice with a Government Registry stating that you have made a will and where it is located. It costs $17.00 but seems money well spent.

I must be honest that I haven't done this. All the stuff my executor will need is filed together in one small cabinet with "If I die" marked on the outside.

This thread has reminded me that it is about time I revisited my will. The last one was done 8 years ago and JonboyE Jnr is now an adult.

woofwoof

I think that it's exactly what we will do, the most important thing to me is to know that if we both died my girls will be looked after.

By the way do you keep your wills in a safe? The person that came tried to sell us some sort of insurance that includes safe keeping of the will and free changes. He said that the will has to be in perfect condition if it has even the smaller stain is not valid...is this true?[/QUOTE]

Hello Venus
At the moment our will is left in a safe at our solicitors, we have a copy at home and have told various people which solicitors it is.
Not sure about the "stain" comment ....I presume as long as you dont spill your curry on it and make it unreadable you should be ok. The thing is once its done you should get a copy so you dont need to keep opening the original to check it, so it should keep stain free.
For your info, when we had our new will done last year we had already decided to do a new one when we got to Canada....but we still asked our solicitor if there was any chance it would be valid in Canada. He wasn't sure but said he find out. The answer he came back was "No". He had checked up with his buddys who specialized in this sort of stuff and said it was a bad idea to rely on them once we left these shores. We where more curious than anything else. He may be completely wrong, but I dont think he was, but we'd feel better getting new ones.

Helen Parnell

So reading all these threads, lets assume as I get older I have one of my two sons as executor of the will. I live here in Alberta, but he wants to live in BC.
Now I currently have money/assets in Mexico and England nad here in Alberta.

So does this mean I have to have a BC will for my son the executor, one in mexico, one from the uk and of course one in Alberta. What happens to the first part which states 'This is the last will and testament of......'
do I put this is the last will and testament except for the one in the uk and mexico'

How does Richard Branston or Donald trump do, or do they have lots of wills to account for all countrys. I am not rich, only one husband ( at the moment) still married, 2 children with my husband, no cats or dogs, one house, one car and personal jewellery with only sentimental rather than real value.

When I die I plan to have spent most of my money enjoying life beforehand. From what I am reading what is left will be going to lawyers sorting out problems.

Is society not complicating things like the family mentioned above who wanted a BC executor to her will and the family not get the will sorted for 15 months! Could not the executor just drive over and sort it out over in Alberta.

Helen Parnell

All the stuff my executor will need is filed together in one small cabinet with "If I die" marked on the outside.

This is what my Dad did, it was so simple and everything we needed to know was there, even what to be played at the funeral.

JonboyE

I don't know the answers to your questions Helen, only that you should see a lawyer who specializes in this area for advice.

I have stuck to the DIY approach since I arrived in Canada, but my affairs are very, very straightforward. I know that paying a lawyer a few hundred dollars seems like money down the drain but, in your circumstances, it could save your family a lot of trouble and expense.

Almost Canadian

'

Unless you hold property in BC you would not need a BC will (which may not be required even if you did hold property in BC). But, by having executors outside of the Province, your executors may will experience difficulty in obtaining a Grant of Probate as quickly as all Albertan executors would.

Obtaining a Grant of Probate or Letters of Administration is more straightforward in England as, usually, such matters do not touch on jurisdictional issues as they are more likely to over here. Hence the reason why most lawyers would advise clients to keep all matters "within a Province" by ensuring that the executors reside in the same Province as the testator.

Helen Parnell

Thank you for your advice, at the present moment I am like you a simple affairs and have a simple will written up, everything goes to the husband and kids. I have absolutley no intention of paying a lawyer hundreds of dollars to write exactly the same. Then in five years when the boys are older I will have to pay again to change it and then again in 10 years. Life changes all the time, and if we change our wills everytime we make a change then it is just a simple money making machine for lawyers. I was recently told it would cost me and my husband $800 just for two wills. (plus gst)

Almost Canadian

You're absolutely right - much better to let your beneficiares pay a lawyer thousands of dollars to put it all right in due course - a stitch in time and all that

JAJ

Their affairs are likely a lot more complicated than those of the average person. Some of their assets will be held in a trust or corporate structure, which has certain advantages but also certain costs.