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Wills - canada, england

Wills - canada, england

Old Apr 22nd 2006, 2:33 am
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Default Wills - canada, england

does anyone know if a will drawn up in england is valid in canada? Do we need to write new wills while we are living in canada, and if so would the canadian will have any "authority" over property and UK held insurance policies?

at the moment it looks like we may need two wills an english law will and a canadian.

i have done a search- but no luck, and the solicitor we saw yesterday wasnt sure.....


thanks!
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Old Apr 22nd 2006, 3:30 am
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Default Re: Wills - canada, england

[QUOTE=batty-x-ray]does anyone know if a will drawn up in england is valid in canada? Do we need to write new wills while we are living in canada, and if so would the canadian will have any "authority" over property and UK held insurance policies?
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You have asked a question which interests me greatly. I asked my lawyer in Scotland that very question.
He suggested I draw up 2 wills - one covering assets in Scotland and one in Canada for possessions in Canada. He said that if you only had a Canadian will, the Canadians would tax you on your Brit-owned gear, while as a non-resident of UK, Brit assets would not be taxed by the Brits (or Canadians) upon your demise. He said, however, that it was important that both wills should show the same dates otherwise the one drawn up later would take precedence.
He claimed that thre was no reason why a will covering Scotland could not be dawn up and given a Candian address - as if it were drawn up while one were on holiday in Canada!
Aye, James. [email protected]

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Old Apr 22nd 2006, 3:34 am
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Default Re: Wills - canada, england

[QUOTE=jameslei]
Originally Posted by batty-x-ray
does anyone know if a will drawn up in england is valid in canada? Do we need to write new wills while we are living in canada, and if so would the canadian will have any "authority" over property and UK held insurance policies?
_______________________________
You have asked a question which interests me greatly. I asked my lawyer in Scotland that very question.
He suggested I draw up 2 wills - one covering assets in Scotland and one in Canada for possessions in Canada. He said that if you only had a Canadian will, the Canadians would tax you on your Brit-owned gear, while as a non-resident of UK, Brit assets would not be taxed by the Brits (or Canadians) upon your demise. He said, however, that it was important that both wills should show the same dates otherwise the one drawn up later would take precedence.
He claimed that thre was no reason why a will covering Scotland could not be dawn up and given a Candian address - as if it were drawn up while one were on holiday in Canada!
Aye, James. [email protected]

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Considering that my English will became invalid when I moved to Scotland and I had to get a Scottish one (family law being entirely different) I think it would be safe to assume that once you are domiciled in Canada, you should have a Canadian will but then find out if that would take precedence over your Scottish will. Maybe someone here will be able to answer that??
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Old Apr 23rd 2006, 3:46 am
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Default Re: Wills - canada, england

[QUOTE=yonk]
Originally Posted by jameslei

Considering that my English will became invalid when I moved to Scotland and I had to get a Scottish one (family law being entirely different) I think it would be safe to assume that once you are domiciled in Canada, you should have a Canadian will but then find out if that would take precedence over your Scottish will. Maybe someone here will be able to answer that??
i'm looking into this too.....my understanding is that a new will is needed, weather you need 2 (one for uk and for canada.....not sure but will find out and let you know)

As to domicile....its a tricky one....you can become a canadain citizan though this does not mean you are domociled here (i think england use a rule of where you spent the last 17 years out of 20)....probably worth getting a proffessional opinion on how domicile works as can be different for every case.

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Old Apr 23rd 2006, 6:06 am
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Default Re: Wills - canada, england

[QUOTE=Mans]
Originally Posted by yonk

i'm looking into this too.....my understanding is that a new will is needed, weather you need 2 (one for uk and for canada.....not sure but will find out and let you know)

As to domicile....its a tricky one....you can become a canadain citizan though this does not mean you are domociled here (i think england use a rule of where you spent the last 17 years out of 20)....probably worth getting a proffessional opinion on how domicile works as can be different for every case.

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If you still have assets in England when you leave then you do need an English will as well as a Canadian Will for your assets there.
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Old Apr 23rd 2006, 6:44 am
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Default Re: Wills - canada, england

[QUOTE=susie evans]
Originally Posted by Mans
If you still have assets in England when you leave then you do need an English will as well as a Canadian Will for your assets there.
Susie
thanks Susie, so we need to draw up new wills, one that only include english property and assets and a canadian will for assets acquired there. thats clear great
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Old Apr 23rd 2006, 6:58 am
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Default Re: Wills - canada, england

[QUOTE=yonk]
Originally Posted by jameslei

Considering that my English will became invalid when I moved to Scotland and I had to get a Scottish one (family law being entirely different) I think it would be safe to assume that once you are domiciled in Canada, you should have a Canadian will but then find out if that would take precedence over your Scottish will. Maybe someone here will be able to answer that??
It's not domicile - you can be resident in Canada but still domiciled in the UK as your country of birth. Wills and estate matters fall under provincial law, and you do need a valid will in the province you are resident in. I just did this last year and yes you do need a new one when you get here. If you have assets remaining in the UK, you may need two wills, but do be aware that the will in the UK can be challenged from Canada if you were actually resident in Canada at the time of your death. This was important to me, as I don't want non-biological children connected to me by marriage having any claim to my assets.

http://www.taxationweb.co.uk/guides/...d_domicile.php
Para 4 deals with domicile.
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Old Apr 23rd 2006, 9:13 am
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Default Re: Wills - canada, england

[QUOTE=dingbat]
Originally Posted by yonk

It's not domicile - you can be resident in Canada but still domiciled in the UK as your country of birth. Wills and estate matters fall under provincial law, and you do need a valid will in the province you are resident in. I just did this last year and yes you do need a new one when you get here. If you have assets remaining in the UK, you may need two wills, but do be aware that the will in the UK can be challenged from Canada if you were actually resident in Canada at the time of your death. This was important to me, as I don't want non-biological children connected to me by marriage having any claim to my assets.

http://www.taxationweb.co.uk/guides/...d_domicile.php
Para 4 deals with domicile.
I was being confusing and using domicile as the place I was living not in the proper sense as relating to tax. Sorry!
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Old Apr 23rd 2006, 1:45 pm
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Default Re: Wills - canada, england

Posted this in August last year and it may be relevent to your question:-

"Now resident in Canada I had a updated Will drawn up here. As soon as this was concluded it superceded my UK Will which was drawn up a few years ago relative to my assets etc in the UK. Only exception to this I was told was that IF I still had property e.g Land or a house in the uk, my UK Will would still stand relative to that property. As I disposed of my propery on moving to Canada, my UK Will became negated on the drawing up of my new will here in Canada.
Hope that hepls a little, but in such matters it is always prudent to check with a Solicitor to be sure"

Cheers

Mac
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Old Apr 24th 2006, 1:07 am
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Default Re: Wills - canada, england

Remember ...Will is important re "expression of wishes"....but tax planning re Inheritance Tax (IHT) is another matter.

Even if resident in canada....UK can still attempt to impose iht if your domicile is still UK.

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Old May 4th 2006, 5:36 am
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Default Re: Wills - canada, england

Originally Posted by macadian
Posted this in August last year and it may be relevent to your question:-

"Now resident in Canada I had a updated Will drawn up here. As soon as this was concluded it superceded my UK Will which was drawn up a few years ago relative to my assets etc in the UK. Only exception to this I was told was that IF I still had property e.g Land or a house in the uk, my UK Will would still stand relative to that property. As I disposed of my propery on moving to Canada, my UK Will became negated on the drawing up of my new will here in Canada.
Hope that hepls a little, but in such matters it is always prudent to check with a Solicitor to be sure"

Cheers

Mac
Got my new will done today and asked the solicitor if I moved to Canada and still had Uk property ready to sell where would I stand in terms of my UK will requests to be honored.
He said its down to domicile, or to an idiot like me, where your home is. If my home is Canada then a will made in Canada would be what the law would look at. He said you can't have two wills in different country's running side by side and the minute your home is not in the Uk your will is void. He said one of his colleagues had needed to know the same thing and they didn't know, so it went to barrister level for the answer.
The simple way he explained it is that if you bought a holiday property home in France would you make a French will??? Obviously not but it would still be mentioned in your will, no matter where you lived in the world.
So if you move to Canada make a will asap. By what the solicitors said, if you dont, even though you think you have a UK will thats valid, you don't have a will at all
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Old May 4th 2006, 6:48 am
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Default Re: Wills - canada, england

Originally Posted by Mans
Remember ...Will is important re "expression of wishes"....but tax planning re Inheritance Tax (IHT) is another matter.

Even if resident in canada....UK can still attempt to impose iht if your domicile is still UK.
Even if you aren't domiciled in the UK the HMRC can still hit you for IHT. You have to be non-domiciled for three years before you fall out. And in any case, the scumbags at El Revenue can claim domicile for the tiniest of things (a recent case had them winning a claim to a millionaire's assets because he was a member of the MCC and came back to watch major cricket matches).

And even if you pass those tests, the scum will still come after your UK-located assets above a threshold (which is so low that a house will be hit, but also includes shares, pension funds, cash in the bank).

On the bright side, Canada doesn't have IHT per se (there is a "probate fee" that is about 1% of the estate).

K.
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