When handling will notarization and entrusting a lawyer in Toronto, special attention should be paid to the following matters (combined with the legal requirements of Ontario, Canada):

I. Applicable Law and Form of Will

  1. ‌Transnational Will Validity‌
    • If the testator resides in China but has assets in Canada, it is necessary to ensure that the will meets the requirements of both Chinese law and the Ontario Inheritance Law Reform Act (such as written form and witness rules).
    • If the testator has moved to Toronto, the will must fully comply with Ontario law, otherwise it may be challenged due to formal defects.
  2. Will Form Requirements
    • Ontario requires that a will must be in writing and signed by the testator and two independent witnesses, who cannot be the beneficiaries or their spouses.
    • It is recommended to have a will drafted or notarized by a lawyer to avoid the handwritten will becoming invalid due to formatting issues.

II. Lawyer Qualifications and Witness Procedures

  1. ‌Lawyer Qualification Verification‌
    • Confirm that the lawyer holds a current license from the Law Society of Ontario (LSO) and specializes in estate planning.
    • Priority will be given to law firms with experience in handling cross-border estates between China and Canada to deal with cross-border asset distribution issues.
  2. ‌Witness Procedure Specifications‌
    • The witnessing lawyer needs to meet with the testator alone to confirm that he is mentally sound and there is no coercion or fraud.
    • For testators whose age or health condition is in doubt, lawyers should record/videotape the entire process and keep medical certificates.
    • Two lawyers or one lawyer and an independent witness are required to sign to ensure the legality of the procedure.

III. Heritage Content and Execution Risks

  1. ‌Asset List Clarity‌
    • Complete documentation of assets in Canada (such as real estate and financial accounts) must be provided to avoid disputes caused by omissions.
    • If Chinese assets are involved, the applicable laws and enforcement methods must be stated separately.
  2. Protection of the rights of heirs
    • The lawyer needs to verify whether there are any legal reserved share rights holders (such as minor children, spouse with no living capacity), otherwise the will may be partially invalid.
    • Cross-border inheritance requires advance tax planning (such as estate certification tax and capital gains tax) to avoid high costs for the beneficiaries.

IV. Subsequent Updates and Dispute Prevention

  1. ‌Will Update Mechanism‌
    • The will must be updated promptly when the marital status, assets increase or decrease, or when moving to another province to avoid invalidation due to legal conflicts.
  2. ‌Dispute Prevention Measures‌
    • It is recommended to sign a power of attorney (POA) and a medical instruction document simultaneously to ensure that the right to dispose of assets is clear in case of an emergency.
    • In cases of complex family relationships or high net worth assets, a testamentary trust can be established to reduce the risk of disputes.

JZW Law has a team of experienced high net worth divorce lawyers. Fluent in both Chinese and English, we are committed to providing professional legal services to high net worth individuals in Toronto. We specialize in handling complex issues related to property division, business ownership, trusts, overseas assets and more. We offer a free initial consultation and welcome you to contact us for more information or to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please consult a professional lawyer.