[WSBAPT] Canadian Wills

[Jim Doran]

Thank you for that response.  It helps a lot.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Tue, May 23, 2017 at 3:28 PM, Kristina Ash <kristinaash at gmail.com> wrote:

> 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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