Does Ontario recognize a will made in another country?
Ontario can recognize wills made in other countries, but the process depends on where the will was made, what type of assets are involved, and whether the will complies with certain formal requirements. The Succession Law Reform Act sets out rules for when foreign wills are treated as validly executed in Ontario.
Generally, a will is recognized in Ontario as validly executed if it was made in compliance with the law of the place where it was signed, the place where the testator was domiciled or had a habitual residence, or Ontario law. Real property in Ontario is governed by Ontario law, so a foreign will dealing with Ontario land may need additional scrutiny.
Even where a foreign will is recognized as valid, it may still need to be probated in Ontario to give the executor authority to deal with Ontario-based assets. Institutions like banks and land registries will require a locally issued court document. If you have a foreign will and Ontario assets, consulting an estate lawyer about whether a separate Ontario will would simplify administration is worthwhile.
Key takeaways
- Ontario can recognize foreign wills that meet certain formal requirements.
- Real property in Ontario is governed by Ontario law regardless of where the will was made.
- A foreign will may still need to be probated in Ontario for local assets.
- A separate Ontario will dealing with Ontario assets is often the most practical solution.