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

[Katherine Gamble]

The last time I checked Washington state had not adopted it.

On Tuesday, September 13, 2016, Sharon Rutberg <email at sharonrutberglaw.com>
wrote:

> 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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> Law Office of Sharon C. Rutberg, PS
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> *From:* wsbapt-bounces at lists.wsbarppt.com
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> <javascript:_e(%7B%7D,'cvml','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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> *From:* wsbapt-bounces at lists.wsbarppt.com
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> mailto:wsbapt-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','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
> <javascript:_e(%7B%7D,'cvml','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
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> PO Box 835
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> Port Townsend, WA 98368
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> (360) 379-1818
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