When someone owns property outside of British Columbia, it is important to consider the law pertaining to estates in the jurisdiction where that property is situated.
Some jurisdictions require that certain property be left to specific family members, and these laws may take precedence over the will. In many cases, it is desirable to hire a lawyer in the other jurisdiction and to prepare a second will that deals only with the property situated there.
When Might You Need More Than One Will?
If you own real estate, investments, or business interests in another province or country, a single BC will may not be the most efficient way to administer your estate. Common scenarios include owning a vacation property in the United States, inheriting land in another country, or holding shares in a business incorporated outside of BC.
Each jurisdiction has its own probate process and formal requirements for wills. A will drafted in BC may be valid in another jurisdiction, but getting it recognized there often takes time — and can delay the distribution of your estate significantly.
The Benefits of Having Multiple Wills
Having a separate will for each jurisdiction where you hold property offers several practical advantages:
- Both wills can be probated at the same time, saving significant delay. If you only have one BC will, it can usually be probated or “resealed” in another jurisdiction, but only after probate has first been obtained in BC.
- The second will can be drafted in language that is familiar to the probate registry in the other jurisdiction.
- The will can comply with all formal requirements of the foreign jurisdiction — for example, signing it in front of two witnesses or meeting specific execution requirements.
- A possible reduction in probate fees, as the assets in each jurisdiction are dealt with separately and there will not be a duplication of probate fees.
How to Coordinate Multiple Wills
The most important thing when preparing multiple wills is ensuring they do not conflict with each other. A poorly drafted second will can inadvertently revoke your BC will — which is why it is essential that both documents are prepared carefully, ideally with lawyers in each jurisdiction working in coordination.
Your BC wills and estates lawyer can help ensure the documents are structured so that each will applies only to the assets in its respective jurisdiction, and that together they reflect your complete estate plan.
Powers of Attorney Across Jurisdictions
It may also be a good idea to consider obtaining other estate planning documents — such as a power of attorney — in both jurisdictions. If you become incapacitated and your assets are held in another province or country, a BC power of attorney may not be automatically recognized there. Having jurisdiction-specific documents in place can prevent significant complications.
What This Means for Executors
If you are administering an estate that includes property in multiple jurisdictions, it is advisable to engage a lawyer in the relevant jurisdiction to assist with local probate requirements and tax obligations. Executors should also be aware that cross-border estates can affect tax filing responsibilities — for a full overview, see our guide to filing estate taxes accurately across a multi-jurisdictional estate.
If the estate also includes online accounts or digital assets held across borders, those require careful documentation as well. Learn more about managing digital assets as part of your estate plan.
Get Help With Your Estate Plan in Victoria, BC
If you own property in more than one jurisdiction, proper estate planning now can save your executor and beneficiaries significant time, cost, and stress. Learn more about our Wills & Estates services or contact Deborah Todd Law to arrange a consultation.
