Does an Ontario will cover property I own in another country?
An Ontario will can address foreign property, but whether it is effective depends on the laws of the country where the property is located. Real estate is generally governed by the law of the jurisdiction where it sits — a property in another country may need to be dealt with through that country's own probate or succession process, regardless of what your Ontario will says.
For movable assets (such as bank accounts in another country), the laws of your domicile — typically Ontario for a long-term resident — may apply, but this varies. Some countries will recognize an Ontario will; others require a local will or impose their own inheritance rules.
If you own property in more than one country, speaking with an estate lawyer about whether you need a will in each jurisdiction is important. In some cases, having separate wills — each dealing with property in its own country — is the most efficient approach. Dying without a will when you have foreign assets can significantly complicate and delay administration.
Key takeaways
- Real property is generally governed by the law of the country where it is located.
- Your Ontario will may not be sufficient to deal with assets in another jurisdiction.
- Some countries require a local will or their own succession process.
- Legal advice is recommended if you own property in more than one country.