[WSBAPT] "Washington Convention" -- validity of Washington Will for property in Canada

[Sharon Rutberg]

I have also been looking into what is needed for a U.S. will to be admitted
to probate in Canada for purposes of transferring property located there.
The Washington Convention on international wills
(http://www.unidroit.org/instruments/succession) sets out certain
requirements for "international wills." It appears that Canada has signed
the convention and that some of its provinces have adopted it - including
British Columbia. Kokie, have you come across this? (It does not appear that
Quebec province has adopted the convention, and my client's property is
located there, so I'm still wondering what to do in my case.)

 

Sharon

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kokie Adams
Sent: Monday, September 12, 2016 4:11 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] validity of Washington Will for BC property

 

I have successfully transferred a Whistler condo from an Estate to a
purchaser - the Condo was part of the residuary estate so it was sold rather
than transferred to an heir. I hired a BC lawyer and they told me what they
needed (Letters Testamentary, etc.) and they handled all the BC paperwork.  

 

Kokie Adams

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Office:  425.774.0444 | Fax: 425.771.2711 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kate Gamble
Sent: Monday, September 12, 2016 1:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] validity of Washington Will for BC property

 

Can a Washington will validly dispose of real property located in British
Columbia without the need for a separate Washington domiciliary will and a
BC supplemental will?  It appears that the BC Wills, Estates & Succession
Act allows for the foreign will to be "resealed" for ancillary probate in
BC, and that all US states are "prescribed jurisdictions" that can have
their grants of letters resealed in the BC courts.  Other than specifically
describing the BC real property in a specific bequest, are there any other
requirements in order for the Washington will to be recognized by the BC
probate court?

 

Thanks in advance for your shared wisdom!

 

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818

 

 

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