Thursday, July 08, 2021

Paul Adam on Wills and Estates: Is a foreign Will valid in Ontario?


This can depend on the Will itself. Some factors to consider are: 
  1. Does the will intend to apply to property in Ontario? 
  2. Can the words of the will be interpreted conclusively? 
  3. Does the Will deal with the property in a way that is legal in Ontario? 
If the Court is satisfied with the answers to all of these questions, and an executor has already been appointed outside Ontario, it may grant that executor the right to administer the deceased’s property in Ontario, too. 

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