Originally published: January 22, 2020 | Last updated: July 9, 2025
Disclaimer: This article uses the Duke and Duchess of Sussex as an illustration of a common situation faced by expatriates. It is not legal advice and is presented as general information.
If you are a Canadian with assets in another country, or an expatriate living in Canada with ties elsewhere, a single Will is not enough. Different countries have different estate laws, probate processes, and legal requirements. The solution is multiple jurisdiction-specific Wills, and LegalWills.ca is the only online service that offers a dedicated Expat Will to address this.
Every nation operates under its own set of rules which determine how they handle estate matters and their courts execute their probate duties. The solution requires multiple Wills which serve different jurisdictions and LegalWills.ca stands as the only online platform which provides an Expat Will service to solve this problem.
Why Do Expatriates Need Multiple Wills?
- The single-document approach of an international Will which combines multiple country assets into one document seems attractive but it creates major operational challenges. The estate administration process operates under different legal systems which each country has established.
- The probate process in Canada creates problems because foreign courts refuse to accept Canadian Wills or they require extensive validation procedures to validate these documents.
- The legal system contains different definitions for terms which include “executor” and “probate” and “trust” across various legal systems.
- Tax implications, each country has its own estate and inheritance tax rules
Witness requirements, signing and witnessing rules differ between countries
The recommended approach is to have a separate Will for each jurisdiction where you own significant assets. Each Will receives its content through local legal rules which also establish the need for an executor who understands national procedures and limits asset management to domestic property holdings.
The complete guide to making a Will in Canada provides a general overview of Will-writing procedures that apply throughout Canada.
How Does the LegalWills Expat Will Service Work?
LegalWills provides estate planning services to three nations through its platforms which include LegalWills.ca for Canada and USLegalWills.com for the United States and LegalWills.co.uk for the United Kingdom. The Expat Will service creates a jurisdiction-specific document designed to work alongside your primary Will without conflicting with it.
- The system operates through this example to show its operational process:
- Primary Will; create your main Will at LegalWills.ca which protects your Canadian property while selecting a Canadian executor and establishing guardianship for your children
- Expat Will (US assets); create a separate Will at USLegalWills.com covering only your US property and assets, appointing a US-based executor
Expat Will (UK assets); create a separate Will at LegalWills.co.uk which protects your UK property and assets
Each Expat Will explicitly limits its scope to assets in that specific country and is drafted to avoid revoking or conflicting with your other Wills. The situation demands special attention because a normal Will contains a clause which cancels all previously made Wills but this could delete a Will which exists in a different nation.
What About a Power of Attorney for Expatriates?
A Power of Attorney serves the same level of importance for expatriates while following the same jurisdictional rules. A Canadian Power of Attorney may not be recognized by a US bank or UK property solicitor. If you have assets in multiple countries, consider creating a Power of Attorney in each jurisdiction.
The LegalWills.ca platform lets users establish a Power of Attorney through Canadian estate planning services which cost $49.95 or through the complete estate planning package which costs $99.95.
What Is a Living Will for Expatriates?
A Living Will which combines Healthcare Power of Attorney with Advance Directives needs to be created in your main country of residence. You should establish healthcare directives in foreign nations because you will need medical care during your extended stays abroad. A Canadian Living Will becomes useless because American hospitals do not accept it when you need emergency medical treatment.
What About Funeral Wishes and Personal Information?
Expatriates need to document their wishes and protect vital information through comprehensive documentation because of their critical situation. Your family needs to work together across different countries while handling multiple legal frameworks and obtaining access to various international banking systems.
- The LifeLocker service at LegalWills.ca provides a secure digital vault for storing:
- Account information across all countries
- Contact details for lawyers, accountants, and financial advisors in each jurisdiction
- Funeral wishes and organ donation preferences
- Location of all Will documents and important papers
Instructions for your digital assets
How Do I Get Started with an Expat Will?
LegalWills.ca provides a platform to establish your Canadian Will which also lets you access their Expat Will service for managing your foreign assets in Canada and the US and the UK. The operation runs through an online platform which allows users to purchase separate Wills that serve specific legal systems.
For Canadians who spend part of the year in the US (over a million Canadians spend more than a month annually in the US), even a vacation property or US bank account warrants consideration of an Expat Will.
Frequently Asked Questions About Expat Wills
Can One Will Cover Assets in Multiple Countries?
Yes, the system exists but it remains unwise to use it. A single Will document faces recognition problems in different jurisdictions while it leads to probate difficulties and unwanted cancellation of foreign Wills. Separate jurisdiction-specific Wills are the safer approach.
Do I Need a Lawyer for an Expat Will?
Not necessarily. LegalWills provides online services which let users create Wills that apply to Canada and the United States and the United Kingdom. For very complex international estates (trusts across borders, tax treaty considerations), consult a lawyer specializing in international estate planning.
What Happens If I Only Have a Canadian Will but Own US Property?
The Canadian executor must follow the process of US courts through ancillary probate which becomes an expensive legal system in American courts. A US-specific Will with a US executor avoids this and simplifies the administration of your US assets.
How Much Does an Expat Will Cost?
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
