[WSBAPT] Canadian Wills

[Kristina Ash]

Hi Jim,

As to whether the Canadian Will is valid in Washington, the short answer is
yes, as long as either (1) the decedent was domiciled in Canada or (2) the
Will was executed in Canada.  RCW 11.12.020.  You would need to open a
Washington probate to transfer Washington real property, though.  Likewise,
you should be able to probate a Washington Will as long as the will
comports to the standards set forth in the Convention Providing a Uniform
Law on the Form of an International Will (actually, the Canadian will
probated in Washington that meets the international standards should work
since the state law would be preempted by federal law).

The question of the Community Property Agreement is a much tougher
question.  RCW 26.16.120 does not require the agreement to be signed in
Washington, but it does require that it be in writing and witnessed,
acknowledged and certified under the laws of the state.  So, if the
agreement was witnessed, acknowledged and certified like a real property
deed in Canada, maybe it would be effective in Washington (query whether
the term "laws of the state" would apply equally to a foreign country).  My
guess is that the CPA would be totally ineffective in Canada since it
doesn't really work with the Canadian Income Tax Act, but I would double
check with a Canadian lawyer.

None of these answers really addresses whether it's a good idea to have a
Will or CPA, though.  There are a lot of tax and legal issues on both sides
of the border that need to be considered in this type of planning.  I'd
recommend talking through the issues with a Canadian attorney.  Let me know
if you'd like a recommendation.

Kristina M. Ash
Smith & Zuccarini, P.S.

On Tue, May 23, 2017 at 10:08 AM, Jim Doran <jim at doranlegal.com> wrote:

> The other part of the question is:
>
> Is a Community Property Agreement valid in Canada effective in
> Washington....or vice versa?
>
> Jim Doran
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
> jim at doranlegal.com
> www.doranlegal.com
>
> On Tue, May 23, 2017 at 9:54 AM, Randolph Petgrave <randgrave at msn.com>
> wrote:
>
>> Please post responses to the group. I have a similar issue.
>>
>> Sent from my iPhone
>>
>> On May 22, 2017, at 12:27 PM, Jim Doran <jim at doranlegal.com> wrote:
>>
>> Here is a question that I think I know the answer to but might as well
>> ask those of you who know for sure.
>>
>> Is a validly executed Last Will & Testament done in Canada effective
>> regarding the disposition of real property in Washington?
>>
>> Conversely, would a duly executed Washington Will be effective to dispose
>> of real property in Canada?
>>
>> Thank you.
>>
>> Jim Doran
>>
>> James R. Doran
>> Attorney at Law
>> 100 E. Pine Street -  Suite 205
>> Bellingham, WA 98225
>> (360)393-9506 <(360)%20393-9506>
>> jim at doranlegal.com
>> www.doranlegal.com
>>
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