Wills
Oct 28th 2011, 4:32 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2009
Posts: 45
Wills
Hi Folks,
WE have moved here to Ottawa from the UK, is our will made in UK still legal here in Canada ?
WE have moved here to Ottawa from the UK, is our will made in UK still legal here in Canada ?
Oct 28th 2011, 5:00 pm
#2
Binned by Muderators
Joined: Jul 2007
Location: White Rock BC
Posts: 11,682
Re: Wills
If your will was made under English law it is legal in Canada (except the Province of Quebec). If it was made under Scottish law it may not be.
More important than legality is applicability. Can a Canadian court ensure your wishes are carried out? Is your executor a resident of your province? If your will deals with UK assets are the relevant authorities going to take any notice of the directions of a Canadian court? The last thing you want to leave to your family is a court battle when they are least capable of dealing with it. Most things can be resolved but it takes time and money.
This is really something you need see a lawyer about. Either to review your existing will to advise on its suitability, or to draw a new one that can be quickly and easily probated in your province.
Oct 28th 2011, 5:16 pm
#3
Lost in BE Cyberspace
Joined: Aug 2005
Location: South of Calgary
Posts: 13,375
Re: Wills
It is worth doing a search because we have discussed this at length before. I am not a lawyer so take this with the appropriate pinch of salt.
If your will was made under English law it is legal in Canada (except the Province of Quebec). If it was made under Scottish law it may not be.
More important than legality is applicability. Can a Canadian court ensure your wishes are carried out? Is your executor a resident of your province? If your will deals with UK assets are the relevant authorities going to take any notice of the directions of a Canadian court? The last thing you want to leave to your family is a court battle when they are least capable of dealing with it. Most things can be resolved but it takes time and money.
This is really something you need see a lawyer about. Either to review your existing will to advise on its suitability, or to draw a new one that can be quickly and easily probated in your province.
If your will was made under English law it is legal in Canada (except the Province of Quebec). If it was made under Scottish law it may not be.
More important than legality is applicability. Can a Canadian court ensure your wishes are carried out? Is your executor a resident of your province? If your will deals with UK assets are the relevant authorities going to take any notice of the directions of a Canadian court? The last thing you want to leave to your family is a court battle when they are least capable of dealing with it. Most things can be resolved but it takes time and money.
This is really something you need see a lawyer about. Either to review your existing will to advise on its suitability, or to draw a new one that can be quickly and easily probated in your province.
What he said.
Have you left any assets in the UK? If not, it really is a no-brainer to execute a new will in Canada
Oct 28th 2011, 5:56 pm
#4
Forum Regular
Thread Starter
Joined: Mar 2009
Posts: 45
Re: Wills
It is worth doing a search because we have discussed this at length before. I am not a lawyer so take this with the appropriate pinch of salt.
If your will was made under English law it is legal in Canada (except the Province of Quebec). If it was made under Scottish law it may not be.
More important than legality is applicability. Can a Canadian court ensure your wishes are carried out? Is your executor a resident of your province? If your will deals with UK assets are the relevant authorities going to take any notice of the directions of a Canadian court? The last thing you want to leave to your family is a court battle when they are least capable of dealing with it. Most things can be resolved but it takes time and money.
This is really something you need see a lawyer about. Either to review your existing will to advise on its suitability, or to draw a new one that can be quickly and easily probated in your province.
If your will was made under English law it is legal in Canada (except the Province of Quebec). If it was made under Scottish law it may not be.
More important than legality is applicability. Can a Canadian court ensure your wishes are carried out? Is your executor a resident of your province? If your will deals with UK assets are the relevant authorities going to take any notice of the directions of a Canadian court? The last thing you want to leave to your family is a court battle when they are least capable of dealing with it. Most things can be resolved but it takes time and money.
This is really something you need see a lawyer about. Either to review your existing will to advise on its suitability, or to draw a new one that can be quickly and easily probated in your province.
We are Scottish & yes the will was made in Scotland & yes we have money tied up in UK.
You are right, will have to consult a lawyer.
Thanks again.
