Do I need a separate Will for assets outside Canada?
Short answer
Sometimes. It depends on the country, the type of asset, your residency status, and whether you want Canadian law to apply.
In many cases, one Will can cover everything—but sometimes a second Will is safer, cleaner, or legally necessary.
Long answer
A lot of people assume one Canadian Will is enough—especially if they live here full time. But once you own real estate, investments, or business interests in another country, things can get more complex.
In civil law countries like France or Germany, local inheritance rules—called “forced heirship” or “reserved shares”—might affect how your estate is distributed, even if your Canadian Will is valid. In other cases, probate in another country might be delayed, costly, or require extra steps if your Will doesn’t meet local requirements. Ontario law generally says real estate is governed by the law of the place where the property is located, but that might not be the final word if a foreign country has its own rules. In short, things aren’t always straightforward.
In practice, people with cross-border assets often consider one of the following:
(A) Two or more Wills—one prepared by a local lawyer in each country where assets are held, tailored to local law and restricted to the assets in that country.
(B) If you're a Canadian citizen and live in an EU country (except Ireland or Denmark), or if you own EU property, EU rules may allow you to choose Canadian law to govern your estate—even for assets abroad. But this requires careful drafting, and local laws might still apply in certain situations. Read more about Wills for Canadians owning property in the EU.
(C) Rely on a single Canadian Will and hope it’s accepted and effective elsewhere.
What makes the most sense depends on your goals, your comfort with risk, and how strictly other countries apply their own inheritance rules.
The real question isn’t “Can one Will work?”
It’s “Will it work well when it matters most?”
Are you a Canadian and need help with global estate planning?
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.