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Wills & Estates

I own property in Ontario and another province — does one will cover both?

TSL Written by the Treadstone Law team· Updated June 2026

Real property is generally governed by the law of the province where it is located (the lex situs rule). This means that property you own in British Columbia, for example, is technically subject to BC probate and BC real property law at death, while your Ontario property is governed by Ontario rules.

In practice, many estates with property in two provinces can be handled by a single Ontario will, particularly if the other province's courts will recognize a Certificate of Appointment from Ontario. However, some provinces require a separate ancillary probate filing for out-of-province real property, which adds cost and time.

An alternative is to hold real property in another province inside a corporation or trust structure, so the shares or interest — rather than the land itself — form part of your Ontario estate. This can simplify administration but introduces other tax and legal considerations.

If you own significant real property in another province, it is worth having a lawyer in each jurisdiction review how your existing will handles that property. They can confirm whether separate wills for different provinces (mirror wills with jurisdiction-specific real property clauses) would reduce probate costs and simplify administration, or whether your single Ontario will is sufficient.

Key takeaways

  • Real property is governed by the law of the province where it is located
  • A single Ontario will may be recognized in other provinces, but ancillary probate may still be required
  • Separate wills for different provinces can sometimes reduce cost and complexity
  • Get legal advice in each province where you own significant real property
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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