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Can I make a will if I am not a Canadian citizen?

Yes. Residency and citizenship do not affect your ability to make a will covering Canadian assets.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Yes. Residency and citizenship do not affect your ability to make a will covering Canadian assets.

The Canadian position

What matters is where your assets are and where you are domiciled, not your passport.

Foreign assets may need separate wills in their own jurisdictions.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a scholar rather than assuming an answer.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
Further reading — Treadstone Law
  1. Separate will for foreign assets ontario strategy — Treadstone Law
  2. Executor foreign assets ontario — Treadstone Law
  3. Wills & estates practice — Treadstone Law