- Ontario estate plans already sometimes use more than one will for domestic reasons — a primary will for assets that generally require probate, and a secondary will for assets, like…
- Lawyers use the word situs to describe where property is legally considered to be located for the purpose of deciding whose law governs it.
- - To give the local system a document it's built to recognize.
More Ontario residents than ever hold something outside Canada — a vacation property, a foreign bank account, shares in an overseas family business, or an inherited piece of land in another country. When it comes time to write or update a will, an obvious question follows: does one Ontario will cover everything, or should there be a separate will for foreign assets?
There is no single answer that fits every family. It depends on what you own, where it sits, and what the laws of that other country expect. What matters is asking the question deliberately, rather than assuming your Ontario will automatically handles property it may never have been designed to reach.
Why This Question Comes Up at All
Ontario estate plans already sometimes use more than one will for domestic reasons — a primary will for assets that generally require probate, and a secondary will for assets, like private company shares, that generally don't. Foreign property raises a related but distinct question: it isn't about avoiding Ontario's Estate Administration Tax, it's about whether Ontario's legal process can actually move property that sits under someone else's laws.
What "Situs" Means, in Plain Language
Lawyers use the word situs to describe where property is legally considered to be located for the purpose of deciding whose law governs it. Real estate located abroad is almost always governed by the law of the country where it sits, no matter how the will describes it. Other property — bank accounts, business interests, personal belongings — can be more complicated, and the answer isn't always obvious from where you happen to bank or where a company is registered.
Because of this, a clause in your Ontario will saying it covers "all my property, wherever situated" is a reasonable starting point, but it doesn't guarantee that a foreign court, bank, or land registry will simply act on it.
Reasons People Consider a Second, Foreign Will
- To give the local system a document it's built to recognize. A will drafted in the local language, in the local format, by a lawyer familiar with that country's process, can move faster than an imported Ontario document.
- To avoid a foreign asset getting stuck behind an unrelated Ontario process. If the Ontario estate has complications (a dispute, a slow probate application), a well-drafted foreign will can let that country's property be dealt with on its own track.
- To work around rules that differ significantly from Ontario's. Some legal systems apply "forced heirship" rules that direct a fixed share of an estate to specific relatives regardless of what a will says — a local will drafted with that in mind can avoid surprises.
- To simplify what a foreign institution needs to see. Some banks, land registries, or companies abroad are simply more comfortable relying on a document their own courts have already dealt with.
The Real Risk: Two Wills That Undo Each Other
None of this works if the two wills aren't coordinated. A later will can revoke an earlier one, sometimes more broadly than intended — this is exactly the drafting risk that Ontario's own domestic multiple-wills technique has to manage, and it gets harder, not easier, once a second country and a second lawyer are involved. Each will needs precise language confirming what it covers, and confirming that it does not revoke the other document except as to its own scope.
| Approach | Potential advantage | Potential drawback |
|---|---|---|
| One Ontario will covering worldwide property | Simple to draft and to keep track of | May move slowly (or not at all) with a foreign institution or registry; local law may still apply regardless of the wording |
| A separate Ontario will plus a foreign will | Can be tailored to the local process, language, and rules | Needs careful coordination so the two documents don't conflict or accidentally revoke each other |
How to Approach This With Your Lawyer
- List every asset and where it actually is, not just where you manage it from.
- Ask your Ontario lawyer to flag anything that looks like a foreign-situs issue — typically real property, and sometimes business interests.
- Get input from a lawyer licensed in that country on how its law treats a non-resident's property and whether a local will is advisable.
- Have both documents drafted with matching, careful revocation language, ideally with the two lawyers communicating directly rather than drafting in isolation.
- Tell your executor where both original wills are kept, and update both whenever your circumstances change.
Frequently asked questions
Do I need a will in every country where I own something?
Not necessarily. Some assets — jointly held property, accounts with a named beneficiary — can pass outside any will regardless of where they're located. A separate foreign will tends to matter most for real property and significant assets that would otherwise need a local process.
Will my Ontario executor automatically be recognized abroad?
Not automatically. Recognition of authority over foreign property depends entirely on that country's own process, which an Ontario court appointment does not control.
What if I only ever get around to my Ontario will?
Your Ontario will still expresses your wishes, but your family could face added delay or cost getting it recognized for a foreign asset, or find that local law applies a different outcome regardless of what the will says. It's a gap worth closing deliberately rather than by default.
Can my Ontario lawyer just draft the foreign will too?
Usually not directly, since Ontario lawyers are licensed to practise Ontario law. The typical approach is an Ontario lawyer for the Ontario will who coordinates with a lawyer licensed in the other country for that portion of the plan.
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