Canadian Owning Property in Europe? Here’s What You Actually Need to Know About Your Will
If you’re a Canadian with property in Spain, France, Portugal, or elsewhere in the EU (except Denmark and Ireland), you’ve probably been told one of two things: either your Ontario Will will work just fine—or you absolutely need a second Will. Neither answer is complete, and both are risky if you take them at face value.
Here’s the short version: your Ontario Will might be technically valid, but that doesn’t mean it will work smoothly. It might be delayed. It might be rejected. It might be forced to follow local rules you didn’t expect. It’s not a scare tactic. It’s just what happens when a plan built for Ontario runs into a legal system with different rules.
Let’s unpack what actually matters.
What Happens If You Die With Only a Canadian Will
For most countries, your Ontario Will doesn't cover real estate outside the province - the law of where the property is applies instead.
European countries apply different rules when someone dies. EU rules allow you to choose the law of your citizenship country to govern your whole estate (including assets in EU countries).
If you’ve done any research, you’ve probably heard of Brussels IV. It’s the EU succession regulation that lets you choose the law of your nationality—so you can say, “I want Ontario law to apply to my whole estate, even the part in Europe.”
So in Spain or Portugal, your Canadian Will might still be accepted—but only if it was properly signed, clearly states that Ontario law should apply in line with EU regulations, and lines up with the European succession rules for accepting foreign Wills.
That’s a lot of ifs. And even when all of those are true, your heirs may still face extra steps. They might need sworn translations. They might need an extra legal opinion for a Portuguese notary explaining what Ontario law says. They might run into local notaries or officials who aren’t interested in untangling a foreign Will from a system they don’t know. You’ve given them a plan, but not one that’s built for the road it has to travel.
France, in particular, is becoming more rigid. A recent law change allows France's forced heirship rules to override the terms of the foreign will in certain circumstances, even if EU rules let you choose the law of another country. In other words, the French Civil Code could override your wishes, even if you followed the rules. German court cases have also brought back the same idea, so EU rules may be starting to lose their punch.
If you’re using Brussels IV without understanding what is happening in specific European countries, you’re not getting the result you think you are.
But make no mistake: a properly written choice of law clause is a solid option that many people use to ensure that they have maximum freedom to leave their assets to whomever they want, without being constrained by EU civil codes that mandate forced heirship or reserved shares to certain people.
Where EU-Canada Estate Planning Comes Up in Real Life
Most issues don’t come from the Will itself. They come from how another country handles a foreign document when real estate is involved. These examples show how things can go sideways, even when you’ve done everything right.
Example: Vacation Property in Spain
A Canadian couple owns a vacation home in Spain but lives in Ontario. Their Will names their kids. But Spain’s forced heirship rules could override that unless their Will clearly chooses Ontario law.
Example: Retired in Portugal, Assets in Both Countries
A Canadian citizen retires to Portugal but still holds assets in Canada. One well-drafted Ontario Will may be enough—if it's done right. Or they may want separate Wills, one for each system. What matters is how the two work together.
Know you’ve got EU property and want a plan that just works?
Book a planning call now and get one clear Will, built to hold up in both systems.
Do I Need a Second Will for My European Assets?
Most people don’t need a second Will. They just need the first one done right.
If your Ontario Will is drafted properly—with a valid choice of law clause under Brussels IV—it can cover your EU property. That’s the simplest, cleanest route: one estate, one law, one Will.
But it only works if the Will is built to hold up in a foreign system. It has to clearly state that Ontario law governs your entire estate, including property in Europe. It has to be properly signed. And the language has to be clear enough that a notary or court in another country can understand it without needing legal opinions or extra translations.
When all of that is true, one Ontario Will may be enough. That’s the goal. And in many cases, it works.
But real life doesn’t always follow the ideal.
Some countries still try to apply forced heirship. Some demand local formalities. Some notaries hesitate to deal with foreign documents even if they’re valid. They might delay the process, ask for more proof, or nudge your heirs toward using a local Will anyway.
In those limited situations, a second Will—prepared locally and written to match that legal system—can make things easier. Not because your Ontario Will is broken. But because it removes points of friction.
If you do use two Wills, they need to be tightly coordinated. Each Will has to clearly state what property it covers. Each one has to confirm that it doesn’t revoke the other. The language needs to be exact. There can’t be overlap or contradictions. No guesswork for your heirs. No confusion for the courts.
This isn’t something an online Will kit, a general template, or even most lawyers can handle. The structure has to be intentional.
Still, the best outcome is often the simplest one. If your Ontario Will can carry the full plan, that’s ideal. And if it can’t, the right second Will has to support the first, not compete with it.
The number of Wills doesn’t matter. What matters is whether your plan holds up when it’s tested.
The Help You Need
I build Ontario Wills that hold up—even when tested in Europe.
I don’t draft local Wills in France or Spain, and I don’t give foreign legal advice. But I make sure your Canadian plan doesn’t fall apart the moment it crosses borders.
That might mean a Will that covers your whole estate and clearly chooses Ontario law—written with the language EU notaries expect. Or it might mean a Will that’s restricted to Canadian assets, when you’re coordinating with a local Will drafted elsewhere.
Most Ontario Wills aren’t built for this. They’re written without Brussels IV in mind. They assume everything will just work. But cross-border planning doesn’t run on assumptions. It runs on structure.
If your Will is going to be tested in another country’s system, it needs to be built for that reality. That’s not something you’ll get from an off-the-shelf Will or a generalist template.
If you’ve got EU property and want your Ontario Will to actually work—not just look valid on paper—I can help.
And if you’re not sure which path fits, that’s what the planning call is for.
Ready to Make Sure Your Will Holds Up?
If you’ve got property in the EU, this isn’t the time to guess. I’ll help you build an Ontario Will that fits your full plan—or limit it intentionally when a second Will is being used abroad.
You don’t need more complexity. You need a Will that works.
This page is for informational purposes only and is not legal advice and does not create a lawyer-client relationship.