Will Power Across Borders:

“Why You Need More Than Just One Will”

By Mirjana (Mira) Markovic

A multi-jurisdictional Will is your best legal passport when your assets start collecting stamps. Imagine this: You are a dual citizen like I am. You have a house in Toronto, a charming rustic family home in Serbia, and a bank account (or three) somewhere in between. You are not fabulously wealthy, but you have done well for yourself, and you wish to make life a little easier for those loved ones cleaning up after you once you pass. So, you may think, “Why not one sleek, all-purpose international Will? One document to rule them all.

Hold on. This is like trying to use one universal adaptor for every electrical socket on earth. It might fit, but something is bound to short-circuit. Let us take a closer look.

International Wills: Theoretically Global, Practically Problematic

Back in 1973, some well-meaning individuals drafted The Convention Providing a Uniform Law on the Form of an International Will (the “Convention”). I know this is a mouthful, but stay with me. The point of the Convention was for individuals to create a Will that can hop borders without requiring a passport or being detained by local conflicting laws. While promising, it is, to say the least, aspirational.

Canada signed the Convention in 1977, but Serbia, not so much. Translation: Your so-called international Will may be legally recognized in Ontario, but in Serbia, it will be treated like a handwritten shopping list: interesting, but not enforceable. Even in jurisdictions that do not recognize the Convention, Courts will often treat the international Will as a guest who did not RSVP: unexpected, unwelcome, and stuck in the hallway waiting.

Multi-Jurisdictional Wills: One Will Per Legal System, No Translation Required

A multi-jurisdictional Will approach is like hiring local guides for each leg of your journey. Each Will is tailored to the laws, language, and quirks of the jurisdiction it covers.

In our Ontario-Serbia scenario, here is what you get:

Ontario Will: This document will cover your Toronto condo, RRSPs, TFSA, and local bank accounts. Drafted to comply with the Ontario Succession Law Reform Act and probated accordingly.

Serbian Will: Tailored for Serbian law, which, as a fun fact, still has formal requirements from the civil law tradition, like handwritten Wills and in-person witnesses.

By splitting the Wills, you avoid conflict of laws, double probate, and frustrating delays where one country demands documents or translations that the other does not provide.

One-Will Disaster: A Cautionary Tale

Let’s say that you decide to go with the one Will route. Your Canadian lawyer (bless them) drafts an international Will in English. You sign it in front of the required officials and feel pretty clever.

Fast forward to the Serbian Notary. They look at this English document, mention the word “apostille” as if it is a curse (those of you who are Serbian know what I am referring to), and explain that Serbian law requires local language, local forms, and sometimes even local witnesses. One more thing, your international Will does not cover immovable property in Serbia unless it is in proper local form. So, your family will have to attend Court and fight for that rustic house that you own, which will certainly lose that charm after it sees its day in Serbian Courts. Suddenly, that “one-size-fits-all” Will, does not seem so efficient.

Lawyers Love Control: A Good Thing Here

Continuing with our Ontario-Serbia scenario, by having separate Wills in each jurisdiction, each Will is going to be drafted with the other in mind. Your Ontario lawyer and your Serbian lawyer can coordinate to ensure that:

• No accidental revocation occurs (one will unintentionally cancel the other).
• Assets are clearly separated by jurisdiction.
• Executors are not caught in a tug of war.

This way, you can rest assured that your assets in both jurisdictions will be taken care of accordingly.

Final Thoughts: Local Rules Win Every Time

When it comes to estates, the rule is simple: the laws where the asset is located control the process. Wills are judged locally, not globally.

Estate planning across borders can be a legal minefield, but with the right tools and guidance, you can build a bridge instead of a barrier. So, if your assets are living their best life overseas, make sure your estate plan has a matching suitcase.

So, go ahead and be international in life. In death, however, be jurisdictionally precise and always make sure that when you are speaking to a Wills and Estates lawyer, they do not glaze over when you say “dual citizenship”.

I hope that this article has provided you with some helpful information. If you have any questions, please do not hesitate to contact me directly at mira@sorbaralaw.com