Can a Canadian Will Override Foreign Succession Laws?
Short answer
Often, yes—especially in the EU, if your Will is worded properly and you are a Canadian citizen.
Some countries have "forced heirship" or "reserved share" laws that apply automatically to property located within their borders, regardless of what your Will says.
But in many EU countries, you can choose the law of your nationality to apply—and that can override local rules.
The catch? Your Will needs to say so—clearly and correctly. Otherwise, local law may take over by default.
Long answer
Maybe—but only if you understand the rules that apply, and your Will is drafted to take advantage of them.
In many civil law countries—like France, Portugal, or Spain—there are forced heirship laws (also called reserved shares) that automatically allocate part of your estate to certain heirs, usually children or spouses. These rules can apply to any property located in those countries, and sometimes to your entire estate if you're a resident there. They can override your Will, even if it was validly signed in Canada.
That said, there are ways to plan around this—in some cases.
For example, if you're a Canadian citizen living in an EU country that follows the EU succession regulations, you may be able to choose Canadian law to govern your estate. This can override local inheritance rules—but only if your Will includes a clear, valid choice-of-law clause. Vague or silent Wills often default back to local law.
Even with the right clause, some countries may still apply forced heirship rules based on local public policy. In other words: you can’t count on one Will to work the same way everywhere.
Other strategies—like creating a separate local Will, making lifetime gifts, or structuring ownership differently—may help reduce conflict, delay, or tax issues. But every option has tradeoffs, and what's appropriate depends on your assets, residency, and goals.
Bottom line: You may be able to override foreign succession laws—but only with clear, deliberate planning. A generic Canadian Will won’t always hold up abroad.
Read more about Wills for Canadians owning property in the EU
Make sure your will works internationally.
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.