Often yes. Land is governed by the law of the country it sits in, and that country may apply its own compulsory inheritance rules regardless of your Canadian will.
The Canadian position
Real property follows the law of its situs. Movable property generally follows the law of the deceased's domicile. A Canadian will may need to be resealed or re-probated abroad.
Multiple wills must be drafted so they do not accidentally revoke one another — a common and expensive mistake.
The Islamic position
Property in a Muslim-majority country may be distributed by faraid automatically under local law, which can either help or conflict with your Canadian plan depending on how you drafted it.
What to do about it
- List every asset you hold outside Canada.
- Take advice in each jurisdiction as well as here.
- Ensure each will is expressly limited to assets in its own country.
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 Legal Information Institute — CanLII
- Apply for probate of an estate — Government of Ontario
- Multiple wills ontario — Treadstone Law
- Separate will for foreign assets ontario strategy — Treadstone Law
- Probate real estate ontario land transfer estate — Treadstone Law
- How to revoke poa property ontario — Treadstone Law
- Wills & estates practice — Treadstone Law