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

Tue Sep 13 13:21:10 PDT 2016

Great question. There is language in the Convention document that states that a licensed attorney should be considered an “authorized person” for purposes of following the convention. But, as you note, Washington has not blessed this rule.

Sounds like the best thing is to check with an authority on the applicable law of the province where the property is located.

Thanks for the input!

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul
Sent: Tuesday, September 13, 2016 12:42 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] "Washington Convention" -- validity of Washington Will for property in Canada

A quick read of the convention indicates that the adopting jurisdiction needs to appoint an “authorized person” to bless the Will.  If WA hasn’t adopted the convention, then WA hasn’t appointed an “authorized person” so how can you fulfill the requirements of an “International Will” if your jurisdiction doesn’t have an “authorized person” for your WA Will?

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sharon Rutberg
Sent: Tuesday, September 13, 2016 11:47 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Washington Convention" -- validity of Washington Will for property in Canada

I believe you’re right. The U.S. Senate has ratified it, and some states have adopted it, but not Washington. I’m wondering, though, whether it might be useful to include the requirements if the testator owns property in an country/province that has adopted it.

Law Office of Sharon C. Rutberg, PS

1734 NW Market St.

Seattle, WA 98107

Website:  <http://www.sharonrutberglaw.com/> www.sharonrutberglaw.com 

206-409-2604

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katherine Gamble
Sent: Tuesday, September 13, 2016 10:56 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] "Washington Convention" -- validity of Washington Will for property in Canada

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

Law Office of Sharon C. Rutberg, PS

1734 NW Market St.

Seattle, WA 98107

Website:  <http://www.sharonrutberglaw.com/> www.sharonrutberglaw.com 

206-409-2604

 <javascript:_e(%7B%7D,'cvml','email at sharonrutberglaw.com');> email at sharonrutberglaw.com

Washington State Bar #47055
D.C. Bar #420576

NOTICES
The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended or written to be used, and it may not be used, for (i) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (ii) promoting or marketing to another party any transaction or matter addressed herein.

From: wsbapt-bounces at lists.wsbarppt.com <javascript:_e(%7B%7D,'cvml','wsbapt-bounces at lists.wsbarppt.com');>  [mailto:wsbapt-bounces at lists.wsbarppt.com <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

Adams-Logo-Print-300dpi-900wide

Office:  425.774.0444 | Fax: 425.771.2711 

 <javascript:_e(%7B%7D,'cvml','kokie at adamslawgroupnw.com');> kokie at adamslawgroupnw.com 

 <http://www.adamslawgroupnw.com/> www.adamslawgroupnw.com

From: wsbapt-bounces at lists.wsbarppt.com <javascript:_e(%7B%7D,'cvml','wsbapt-bounces at lists.wsbarppt.com');>  [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

PO Box 835

Port Townsend, WA 98368

(360) 379-1818

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