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HomeLearnInternational WillsInternational Wills for Canadians: What You Need to Know
International Wills8 min read·Updated April 2025

International Wills for Canadians: What You Need to Know

If you own property, assets, or bank accounts outside Canada, a standard Canadian will may not be sufficient to transfer them. An international will — drafted and executed in Canada but structured to be recognized abroad — protects your estate across borders.

Canada Notary Legal Team
Published March 2025 · Reviewed by qualified notaries

Who needs an international will?

You likely need an international will if any of the following apply:

  • You own real estate in another country (a family property in India, a home in Portugal, a condo in the USA)
  • You have bank accounts or investments in another country
  • You are a dual citizen and have assets in your country of origin
  • Your family is primarily in another country and you want to ensure inheritance passes smoothly
  • You have business interests or shares in a foreign company

Without an international will, your foreign assets may be subject to intestacy laws in that country — meaning the local government decides how they are distributed, not you. In some countries this process takes years and costs a significant portion of the estate.

What is an international will?

An international will is a will structured to comply with the Convention Providing a Uniform Law on the Form of an International Will (the Washington Convention). Canada's common law provinces are signatories, meaning an international will executed in Ontario, BC, Alberta, or most other provinces has a legally recognized form in all signatory countries.

The Convention standardizes the formal requirements for the will — signatures, witnesses, the authorized person (a notary or lawyer) who certifies it. This certificate is what makes the will recognizable across borders without needing to be re-proved in each jurisdiction.

In addition to the Convention framework, Willbeing structures the substantive provisions of your will to reflect the inheritance laws and requirements of your target country.

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International will vs foreign probate
An international will reduces the burden of foreign probate but does not eliminate it in all countries. Some jurisdictions require registration of the will locally, or require that a local lawyer or notary confirm the document before assets are transferred. We advise you on what applies to your situation.

Countries we support

Willbeing has priority templates and country-specific guidance for:

  • India — including FEMA considerations for NRI property
  • Philippines — including real property transfer requirements
  • Portugal — including notarial requirements and EU Succession Regulation
  • Italy — EU Succession Regulation, forced heirship rules
  • Greece — forced heirship and local registration requirements
  • United States — state-specific considerations
  • Caribbean countries — Jamaica, Trinidad, Barbados, Guyana
  • Sri Lanka, Bangladesh, Pakistan — local probate guidance included
  • United Kingdom — post-Brexit succession considerations

Any country not listed is available on request. We work through the requirements with you before preparing the document.

Apostille and notarization

Depending on the target country, your international will may need to be apostilled, notarized, or legalized through the country's embassy in Canada.

An apostille is a certificate issued under the Hague Apostille Convention that authenticates the document for use in another signatory country. Canada joined the Hague Apostille Convention in 2024, significantly simplifying the process for Canadians with foreign assets.

Countries that are not Hague signatories require legalization — a multi-step process through Global Affairs Canada and the target country's embassy. Willbeing guides you through whichever process applies and can arrange apostille services where required.

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India-specific note
For property in India, NRI (Non-Resident Indian) estate transfers are subject to FEMA regulations and often require a Succession Certificate obtained from an Indian court. An international will is the starting point — not the end of the process. We will advise you on what additional steps may be required.

Can you have two wills?

Yes, and in many cases it is the right approach. A primary Canadian will covers your Canadian assets. A separate international will (or country-specific will) covers your foreign assets.

Having two wills is cleaner than a single will trying to address multiple jurisdictions. It avoids the risk that probating your Canadian will triggers a review of your entire global estate in every country where you have assets.

Each will should explicitly state which assets it covers and should not accidentally revoke the other. Willbeing drafts international wills with this co-existence language built in.

Common mistakes Canadians make

These are the international estate planning mistakes we see most often:

  • Assuming a Canadian will automatically covers foreign property — it may not be recognized or may be subject to local forced heirship rules
  • Not updating a will after purchasing foreign property
  • Failing to account for forced heirship laws — many countries (France, Spain, Italy, India) require a fixed portion of the estate to pass to specific heirs regardless of what your will says
  • Leaving foreign property to a beneficiary who is not a citizen of that country — some countries restrict foreign ownership
  • Not getting the will apostilled or legalized before it is needed — this takes time and cannot be rushed after a death

How Willbeing handles international wills

Willbeing is the only online will platform in Canada that offers international wills. Our International Will package starts at $149.99 for a single will and $249.99 for a will and international power of attorney.

After completing the questionnaire we prepare a Washington Convention-compliant will executed by a Canada Notary authorized person, with country-specific provisions for your target jurisdiction. We advise on apostille, notarization, and any local steps that may be required.

Own property abroad? Protect it.
Willbeing is Canada's only online platform offering international wills. $149.99 — executed at Canada Notary, structured for your target country.
Own property abroad? Protect it with an international will.
Canada's only online international will service. Executed at Canada Notary. Structured for your target country.
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In this article
1Who needs an international will?
2What is an international will?
3Countries we support
4Apostille and notarization
5Can you have two wills?
6Common mistakes Canadians make
7How Willbeing handles international wills
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