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Wills for Immigrants Canada

Wills for Canadian immigrants. Questionnaire in 11 languages. International asset coordination. Religious and cultural provisions. From $199. LexWills.

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Frequently Asked Questions

Should an immigrant in Canada make a will in their home country or Canada?

If you're a Canadian resident (PR or citizen), make a will in Canada—it will be recognized by Canadian courts for Canadian assets. If you own property in your home country, you may need a separate will compliant with that country's laws. Multi-jurisdictional wills are complex; consult lawyers in each jurisdiction where you own property. Many immigrants create a Canadian will for Canadian assets and a separate will for home-country property. Some situations benefit from international trusts.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26 (Ontario)

Is a will from my home country valid in Canada?

It depends on the country and the will's formalities. Most countries' wills are recognized in Canada if they meet Canada's or the home country's requirements. However, probate courts may be skeptical of foreign language documents or unfamiliar formalities. To be safe, create a Canadian will for your Canadian assets. If you want your home-country will to apply to property there, have it reviewed by a lawyer in that country. Some immigrants create wills in both jurisdictions to avoid confusion.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 3

Can I leave property to family in my home country through my Canadian will?

Yes, you can designate beneficiaries in any country. However, there are practical considerations: your executor may struggle to transfer funds internationally (currency conversion, foreign taxes, delays); foreign tax authorities may claim a share; and heirs in your home country may face legal or currency issues accessing inheritance. Consider: having a lawyer in your home country advise on tax implications, designating a trusted local representative to manage property there, or using an international trust. Currency and tax planning are essential.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26

How do I handle citizenship and tax residency issues in my will?

If you're a Canadian citizen or PR, create a Canadian will for Canadian assets. If you're still a citizen of your home country, consult lawyers in both jurisdictions—their tax law may claim estate taxes or gifts. Some countries tax worldwide assets of citizens (like the U.S.); others tax only residents. RRSP and TFSA beneficiary designations may be treated differently in different countries. Tax treaties between Canada and your home country may provide relief. International estate planning is complex; work with accountants and lawyers in both countries.

Relevant legislation: Income Tax Act, S.C. 1985, c. 1; Foreign Exchange Control Act (if applicable)

Should I update my will if I become a Canadian citizen?

Yes. Becoming a Canadian citizen is a major life event. If your previous will addressed immigration status or was made under home-country law, update it to address Canadian assets and express your Canadian intentions. Marriage, sponsorship of family members, or purchase of Canadian property also warrant updates. Review every 3-5 years to ensure it reflects your current situation and Canadian law.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26

What if I want to sponsor family members but also leave them inheritance in my will?

Sponsorship obligations are separate from your will. If you sponsor family members, you're liable for their support if they receive government assistance—this obligation may continue after death if not properly addressed. Your will should clarify whether sponsored family members inherit and what support is expected. Consult a lawyer experienced in both immigration sponsorship and estate planning. Some sponsors use trusts to manage inheritance for sponsored dependents.

Relevant legislation: Immigration Act, S.C. 1976, c. I-2; Succession Law Reform Act, S.O. 1990, c. S.26

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Wills for Immigrants Canada

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