Legal Wills There is no need to make a separate will for property owned in the U.S. By international law, a will validly made in the jurisdiction where one has their permanent home is recognized as valid for estate purposes in the U.S. In Florida, the procedure is that the Canadian will is taken to the court in Florida and probate is issued on the basis of that will. The executors named in the will would be appointed by the Florida court and empowered to deal with the Florida property. Specific reference in the will could be made to the Florida property if desired, or the property would be included in the phrase “all the rest and residue of my estate,” etc. It is to be noted that if the property title is in joint tenancy, either with a spouse or with a spouse and another person (child), or any other joint tenancy arrangement, the property ownership will pass to that or those persons outside of the will, no matter what the will provides. In other words, the joint tenancy trumps the will. In that event, there is no probate as the property passes by succession and there is no need for probate. Power of Attorney Legally speaking, a Power of Attorney document created lawfully in the jurisdiction of the maker’s home should be recognized in the U.S. jurisdiction where it is needed. A Power of Attorney document names someone to act on your behalf if you are alive, but unable to act on your own behalf. Usually the time at which you need to use the Power of Attorney is a time of crisis, and the last thing you need is a controversy with the authorities as to whether your Power of Attorney is valid where you want to use it. My suggestion is that you should have a Power of Attorney prepared in the jurisdiction where you are staying, such that the authorities are familiar with the form used. In that way, there should be no question as to recognition and a lot of trouble can be avoided. In creating such a Power of Attorney, I suggest confining its usage to the state where you are located, or the USA, deleting the standard clause revoking all previous designations. In that way, previously created documents are left valid, such as one created in the province of Ontario. Any adult person can be named in the Power of Attorney, and there should be an alternate in case that person is unavailable. It can be the same persons as you have at home. Thus, you should make an appointment with a lawyer in your area to prepare a proper document. If you wish, included in the document can be provisions concerning health care. You can design it any way you wish. I suggest shopping around regarding the cost of preparing a Power of Attorney, as it is a very simple procedure and quite standard. Wills and Power of Attorney Everyone who spends time in the United States as a vacationer or winter resident needs to be concerned about these documents. A will is definitely going to be relevant at some time, and a Power of Attorney document could be very helpful if the occasion arises. My remarks are being made from the Florida perspective, but are just as valid for Arizona, California or anywhere else in the U.S. Wallace J. Weylie CSA General Counsel CSANews | FALL 2018 | 19
RkJQdWJsaXNoZXIy MzMzNzMx