[WSBAPT] International Estate Planning question

Tue Sep 22 19:04:14 PDT 2015

I worked on a Washington probate where decedent had one Canadian investment account (her tie to the mother country).  And yes we needed Canadian counsel.  We used Heather Blatchford, who was a delight - efficient and very reasonable:

Heather W. Blatchford
Kane, Shannon & Weiler
Barristers & Solicitors
#102,2055 152nd Street
Surrey, BC V4A 4N7

Tel # 604.535.8770 ext. "203"
Fax # 604.535.8771
www.ksw.bc.ca<http://www.ksw.bc.ca>
Kate

[SkagitLaw_Signature (2)]
Kate Szurek, J.D., LL.M.
P.O. Box 336 / 227 Freeway Drive, Suite B
Mount Vernon, WA  98273
360.336.1000
360.336.6690 (fax)
kate at skagitlaw.com<mailto:kate at skagitlaw.com>
http://www.skagitlaw.com<http://www.skagitlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kokie Adams
Sent: Tuesday, September 22, 2015 3:49 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] International Estate Planning question

I had a probate which involved a Whistler condo and a Canadian bank account and it was necessary to have the assistance of a Vancouver lawyer and accountant to handle all the paperwork to set up the ancillary probate.

I used:
Ian T. Davis
Race and Company, LLP
Barristers and Solicitors
Squamish Dir.  (604) 815 4816
Whistler Dir. (604) 935 3607
Squamish Fax: (604) 892 5461
Whistler Fax. (604) 932-2515
His assistant is Anna Pedersen and they were very helpful (but a bit costly)
Kokie Adams
[Adams-Logo-Print-300dpi-900wide]

Office:  425.774.0444 | Fax: 425.771.2711
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>
www.adamslawgroupnw.com<http://www.adamslawgroupnw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Amy Allison
Sent: Tuesday, September 22, 2015 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] International Estate Planning question

Listmates,

I have a client who is a Canadian Citizen.  The only asset she owns in Canada is an investment account with a Canadian investment firm.  I would like to help her avoid probate in Canada (and the 1.4% probate fee) but apparently you cannot name a POD beneficiary on "non-registered" accounts.  You can only name POD beneficiaries on "registered accounts" such as RRSPs and RRIFs.

We looked into naming her children as joint owners with survivorship on the non-registered account but that has some tax implications in Canada and other potential pitfalls.

So my question is: would letters testamentary issued in Washington be sufficient to give authority to the Washington PR over the Canadian investment account?  Or would we have to accomplish an ancillary probate in Canada for the investment account?  If anyone has come across this before, I would be interested to know what your experience has been.

Amy C. Allison
Anderson Hunter Law Firm, P.S.
2707 Colby Ave. #1001
P.O. Box 5397
Everett, WA 98206
(425) 252-5161
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