Wills for Canadians with Foreign Assets Outside the U.S. and EU

Many Legal Systems Don’t Follow Ontario’s Rules (or Wills)

You don’t need to be wealthy to have global ties. Maybe you own a condo in the Caribbean, a rental in South America, or a small investment account in another country. Maybe your children live overseas. These cross-border connections are more common than ever—and they can cause serious problems if your Will doesn’t account for them.

Even if your Ontario Will is valid here, that doesn’t guarantee it will work cleanly elsewhere.

Many countries outside Canada follow legal systems that are very different from ours. Some require notarized local Wills. Some impose forced heirship laws that override your choices. Others don’t recognize foreign executors or delay probate if your Will doesn’t meet local formalities.

This includes common destinations like Mexico, Brazil, Barbados, and Australia—each with its own formalities, requirements, and legal structure. Some countries require notarized Wills. Others restrict who can inherit. Even where a Canadian Will is technically valid, it may still create problems in practice.

If you’re dealing with property or legal ties in the U.S. or EU, I’ve addressed those separately.
You can read more about U.S. estate issues here and EU-specific planning—including Brussels IV—here.

How We Can Plan for Foreign Assets or Heirs

I help you build an Ontario Will that reflects your international ties—without pretending it will always hold up everywhere.

In some cases, we draft a Will intended to apply to your entire estate, including foreign property, with the limits clearly flagged. In others, we restrict your Ontario Will to Canadian assets only, or carve out specific countries where conflict is likely. When the risk is high enough, I’ll flag that a separate local Will may be worth pursuing, but that’s your call, and your responsibility to follow up with local counsel.

I don’t give legal advice for other countries. But I’ve seen where Canadian Wills tend to break down, and I’ll help you avoid building a plan that quietly fails the moment it crosses a border.

You don’t need to fix everything at once. You just need a plan that’s honest about where the risk is—and how to deal with it. That’s where I come in.

If you have property or people outside Canada, let’s make sure your plan still holds up.