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What should I do about my will if I own property overseas?

Take advice in that jurisdiction as well. Land follows the law where it sits, which may apply compulsory inheritance rules regardless of your Canadian will.

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

Take advice in that jurisdiction as well. Land follows the law where it sits, which may apply compulsory inheritance rules regardless of your Canadian will.

The Canadian position

Take advice in that jurisdiction as well. Land follows the law where it sits, which may apply compulsory inheritance rules regardless of your Canadian will.

Provincial law governs validity, administration and the grounds on which a will can be challenged — so the answer can change if you move.

The Islamic position

Have the faraid shares recalculated whenever the family configuration changes; they are conditional on who survives.

Record the reasoning and the scholar consulted in a memorandum kept with the will.

What to do about it

  1. Recalculate the shares for the new circumstances.
  2. Update the will with a lawyer in your province.
  3. Review every beneficiary designation.
  4. Confirm where the original is kept.
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. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Where to apply for probate ontario jurisdiction — Treadstone Law
  2. Beneficiary designation vs will which controls — Treadstone Law
  3. Will vs beneficiary designation which controls — Treadstone Law
  4. Conflicting wills which one governs ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law