Re: UK Wills
 

I did read here that that is not true in Quebec...but like anything you read here, it probably pays to check that particular fact if it applies to your circumstances.

Re: UK Wills
 

What if your UK will was witnessed by a UK solicitor ? Valid here or not ?

Re: UK Wills
 

Only if he stands, on his head, juggles a couple of hockey pucks and sings O' Canada:thumbsup:

Re: UK Wills
 

[[B]You obviously know it all and I am very happy for you - that's all I intend to say.[/QUOTE]

I am not the tallest tree in the forest and I am always willing to learn.

I do not see it as a drama getting one of my witnesses to go with my chosen executor to a notary and sort out an attestation.

This website below is another excellent one for clarity and has many legal examples of circumstances of will validity or not, for those that may be interested:

http://www.aeeclss.org/summaries/320...ber%202005.pdf

This one is also an easy read and free to digest online:

http://books.google.ca/books?id=I3vR...&hl=en#PPP1,M1

Re: UK Wills
 

Yes I forget that Quebec does its own thing, in Quebec funds from the joint account upon the death of one or both are considered automatically part of the Estate.

Re: UK Wills
 

Once again. It depends on the law of the Province/territory on accepting non-local wills.

Of course if you leave all your assets in the U.K. then it doesn't really matter what Canada thinks of your will.

Re: UK Wills
 

It depends whether or not your province is a signatory to the Convention Providing a Uniform Law on the Form of an International Will. It also may depend on other factors that I don't know about. But, at a minimum, it depends on whether or not your province is a signatory to the convention I mentioned.
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Re: UK Wills
 

Or if the province has legislation of its own on the subject, even if it hasn't signed the convention.

Re: UK Wills
 

One of the most awful things expats have to wrestle with, in my opinion, is choosing guardians for their children in the events of their own deaths. Well, it's a difficult choice to resolve even when you're not an expat. But when you are an expat, it's even more of a challenge.

When our kids were young, my husband's and my joint will named trusted relatives in South Africa as our children's guardians. If those chosen guardians had been unable to take on the responsibility, the back up guardians we named were a Calgary couple who were our most trusted friends here.

Neither choice was really palatable. We didn't want our Canadian-born children to be relocated to South Africa. But, as individual people, the South African guardians whom we named were (a) related to our children, and (b) would have provided an upbringing that would have come closest to the one we were providing, we felt.

Aside from the fact that it means we're still alive, which is a good thing from my point of view, I'm really glad that our children are in their mid-twenties, and the guardianship provisions of my husband's and my will were never tested.

We have British friends in Calgary who went through quite a bizarre (and difficult) experience. The husband's sister and brother-in-law died in a car crash in the UK. The deceased couple's parents had died previously, and the man in Calgary was the only sibling that either spouse had. Consequently, the UK couple had named the Calgary man and his wife as guardians of their children in the event of their deaths. The children, our friends' niece and nephew, came to live with them in Calgary, when the children were in their early teens. Overnight our friends went from having three children to having five children. It was a disaster. The British children were bitterly unhappy in Calgary. After going through a nightmare and giving it their best shot, our friends reluctantly sent their niece and nephew to a boarding school in the UK. It was actually what the kids in question wanted.
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Re: UK Wills
 

My province (NB) makes no mention of International Wills within the Wills Act, but I wonder if anyone is either relying on one or has had to execute one, in this province or any other.

In essence, the convention outlines a requirement for a normal Will construct, but adds a requirement for an accompanying certificate (completed by a person designated to act) proving that will was properly produced/signed etc. I imagine proving that the certificate is valid could be an issue for a province that has not ratified the convention.

Even though, my province has not apparently ratified the convention, I find it hard to believe that they would throw it out, even if all aspects were proven to be legitimate, both Will and accompanying certificate.

At the end of the day, I think I would make a new Will as mentioned by others based on the location of my new permanent residence once I had settled here. I have done this as I have hopped provinces over the years but that game is over hopefully.

Luckily I have no possessions back in the old country, but can see that that may complicate things a little!

I note that no official lawyer types hopped on the free info bandwagon with regards to the question posed by Tangram......);)

Re: UK Wills
 

Except apparently if its your spouse.

"Acceptable Forms of The Will in Canada"

General Rules

The laws that apply to the making of a Will vary from province to province. All provinces recognize the conventional form of Will ; the laws of Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick and Newfoundland allow for a holograph Will. The law in Quebec provides for a notarial form of Will. The laws that apply in any case depend upon where the Will was drafted and in which province the deceased (testator) was living at the time of death.

Conventional Wills

Also known as the English Law Will, it is the most common form of Will and is recognized by all the provinces. (in Ontario, under the Succession Law Reform Act, in Quebec, the Civil Code of Quebec, in all other provinces the provincial Wills Act applies) In Quebec this type of Will is known as the ’Will made in the presence of witnesses’.

The following requirements apply to the Conventional Will:

* The Will must be in writing,

* The testator (person who makes the will) must be mentally capable and cannot be a minor,

* The Will must be signed at its end by the testator,

* The Will must be signed by 2 witnesses, present at the same time, who attest that the document is the Will of the testator and bears his or her signature,

* The witnesses to the Will must be of legal age (exceptions, s. 11 of the SLRA) and cannot be beneficiaries of the Will or spouse of the testator.

It is generally followed practice to ensure the Will is dated.

In Quebec the testator and each witness must initial each page of the Will. (art. 728)


Rest of article available at this link....

http://www.professionalreferrals.ca/article-113.html

Re: UK Wills
 

Depends on the Province and whether the solicitor that witnessed it in the UK was a Notary Public (most aren't) all lawyers in Canada are (Don't know about Quebec). Legal practices here are very strange when it comes to the Notary side of things.

Re: UK Wills
 

One of the issues that newcomers to Canada or the USA seem to have trouble getting used to is the fact that many matters fall under state or provincial law. Not just wills, but marriage, divorce, education, insurance, auto registration, driver licensing, etc. Ten provinces, three territories, fifty states... sixty-three sets of laws and regulations.

Re: UK Wills
 

I do appreciate your post but if you have time could you explain this:

28 International wills—procedure

(1)The persons authorised to act in the United Kingdom in connection with international wills are—

(a)solicitors; and

(b)notaries public.

From the UK Govt-Office of Public Sector Information

http://www.opsi.gov.uk/RevisedStatut..._19820053_en_4


Not for my benefit but for others so affected. Thanks.