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Will for both countries, or just Canada?

Will for both countries, or just Canada?

Old Oct 15th 2020, 9:27 pm
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Default Will for both countries, or just Canada?

Does anyone know if I can complete a will only for Canada, and will it be recognized in other Commonwealth countries?

Or do I need to do a will, per country?

Thanks,

Jak
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Old Oct 15th 2020, 9:42 pm
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Default Re: Will for both countries, or just Canada?

Originally Posted by jackinthetree View Post
Does anyone know if I can complete a will only for Canada, and will it be recognized in other Commonwealth countries?
No. The commonwealth is no more than a posh dining club these days!

Originally Posted by jackinthetree View Post
Or do I need to do a will, per country?
Yes. If of course you have assets in both countries. And possibly a separate will per Canadian province if you have assets in separate provinces (not certain on this point)

We have assets in both the England and Ontario and were advised to have will for both.
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Old Oct 15th 2020, 11:40 pm
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Default Re: Will for both countries, or just Canada?

Originally Posted by Hurlabrick View Post
No. The commonwealth is no more than a posh dining club these days!



Yes. If of course you have assets in both countries. And possibly a separate will per Canadian province if you have assets in separate provinces (not certain on this point)

We have assets in both the England and Ontario and were advised to have will for both.
Interesting - we were advised quite the opposite three or four years ago, as long as we made it clear we had assets in both countries, the argument being there was no risk of discrepancy.
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Old Oct 16th 2020, 1:40 am
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Default Re: Will for both countries, or just Canada?

Originally Posted by Twitcher1958 View Post
Interesting - we were advised quite the opposite three or four years ago, as long as we made it clear we had assets in both countries, the argument being there was no risk of discrepancy.
If you only have one will, (for Canada), then you will need to pay someone to have it resealed (for probate) in the UK in order to release funds and assets there.
https://www.nsslegal.co.uk/news/rese...probate-canada
(plenty of info on a google search)
There was a thread on this subject a while ago - https://britishexpats.com/forum/cana...canada-829435/
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Old Oct 16th 2020, 2:16 am
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Default Re: Will for both countries, or just Canada?

Originally Posted by Twitcher1958 View Post
Interesting - we were advised quite the opposite three or four years ago, as long as we made it clear we had assets in both countries, the argument being there was no risk of discrepancy.
This is what I have seen in several countries forums, including the US and there are heartfelt advocates for both "one will" and "one for each country". I am firmly in the "one will" camp - your will states (in English) "the is the last will and testament ..." and only one thing can be "last", so by having two (or more) "last" wills is a recipe for a legal mess, especially if they have the customary "everything else goes to " clause, because what is listed in one will, but not the other, would be swept up in the "everything else" clause of the other.

While I understand some people thinking that they are making things easier by having a will for each country in fact they are setting up the potential for legal mess. .... And there is nothing to stop someone taking your, say Canadian "last will and testament" and executing it in the UK, by passing your UK will entirely. And this is a very real risk if you have left things to different family members, as your beneficiary(ies) in Canada could use the Canadian will, especially if it is dated later, to "steal" your bequests in the UK, or other countries.

Last edited by Pulaski; Oct 16th 2020 at 3:20 am.
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Old Oct 16th 2020, 11:47 am
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Default Re: Will for both countries, or just Canada?

We just have the one will redone when we arrived in Canada.
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Old Oct 16th 2020, 12:26 pm
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Default Re: Will for both countries, or just Canada?

Well looking outside the box does it matter how many wills you have as when they are executed it normally means you are dead so do you really give a shit? I wonder if anybody has ever written up a will deliberately to piss off family members on their death. Sort of like having 2 sons one who is an avid hunter and the other hates firearms. I leave my hunting rifles and shotguns to Hugo. I know me bad I still haven't got around to writing one up and I have 2 sons
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Old Oct 16th 2020, 2:06 pm
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Default Re: Will for both countries, or just Canada?

Originally Posted by Pulaski View Post
This is what I have seen in several countries forums, including the US and there are heartfelt advocates for both "one will" and "one for each country". I am firmly in the "one will" camp - your will states (in English) "the is the last will and testament ..." and only one thing can be "last", so by having two (or more) "last" wills is a recipe for a legal mess, especially if they have the customary "everything else goes to " clause, because what is listed in one will, but not the other, would be swept up in the "everything else" clause of the other.

While I understand some people thinking that they are making things easier by having a will for each country in fact they are setting up the potential for legal mess. .... And there is nothing to stop someone taking your, say Canadian "last will and testament" and executing it in the UK, by passing your UK will entirely. And this is a very real risk if you have left things to different family members, as your beneficiary(ies) in Canada could use the Canadian will, especially if it is dated later, to "steal" your bequests in the UK, or other countries.
That makes the most sense to me, although it’s obviously not a cut and dried topic.
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Old Oct 17th 2020, 12:47 pm
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Default Re: Will for both countries, or just Canada?

Originally Posted by Former Lancastrian View Post
Well looking outside the box does it matter how many wills you have as when they are executed it normally means you are dead so do you really give a shit? I wonder if anybody has ever written up a will deliberately to piss off family members on their death. Sort of like having 2 sons one who is an avid hunter and the other hates firearms. I leave my hunting rifles and shotguns to Hugo. I know me bad I still haven't got around to writing one up and I have 2 sons
its not unheard of for parents to not declare to thechildren that they don't like that all the money is going to the other child/the cat protection league etc.

Likewise in the UK at least there are businesses that specialise in getting money out of an estate for folk who have been intentionally left out of a will/ or for people who have actively tried or get onto a will and not been successful.

Last edited by Stumpylegs; Oct 17th 2020 at 12:52 pm.
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