This blog has been written by Pritika Deepak, Associate at Fasken LLP.
Last week, I was in sunny Trinidad and Tobago celebrating the wedding of a close friend. We first met years ago when she came to Canada for undergraduate studies and later built a life in Toronto. The wedding brought together friends and family from across the globe, many of whom, like the bride, had meaningful connections to Canada and at least one other jurisdiction, including Jamaica, Barbados, and the United Kingdom.
Over several days of celebration and conversation, the discussion naturally turned to work and, in particular, to the complexities of planning when life, family, and assets span multiple countries. While every situation is unique, several recurring estate‑planning considerations emerged.
- Understanding Your Assets
A strong estate plan begins with a clear understanding of what is owned, where it is located, and how it is structured.
What do you own?
Assets may include real property, bank and investment accounts, safety deposit boxes, and interests in private corporations. Different assets are treated differently on death and may require tailored planning.
Where are your assets located?
Each jurisdiction has its own legal and tax rules governing ownership, administration, and succession. The administration of assets located outside a ‘primary’ jurisdiction can trigger unexpected delays, costs, or tax exposure if not planned properly.
How are your assets owned?
Ownership matters. Assets may be owned solely, jointly, or through a corporation or trusts. It’s not uncommon for people to forget that an asset is jointly owned or to misunderstand their ownership rights. This can significantly affect entitlement and how assets pass on death.
- Wills in Multiple Jurisdictions
Where assets span multiple countries, it may be necessary, or advisable, to have separate estate planning documents, including Wills, in each relevant jurisdiction. When properly structured, this approach can simplify administration and reduce practical obstacles.
When multiple wills are used, coordination is essential. Key considerations include:
- Are the wills drafted to work together without inadvertently revoking one another?
- Is it clear which assets are governed by each Will?
- Are there safeguards to prevent duplicate payment of debts, taxes, or expenses?
- If most assets are located in one jurisdiction, but another requires liquidity to settle liabilities, does the structure allow for this?
- Can the chosen executors act legally and practically in each jurisdiction?
Poorly coordinated wills can result in confusion, administrative delays, and increased costs at an already difficult time.
- Planning for Incapacity: Powers of Attorney
Estate planning isn’t only about death, it’s also about planning for incapacity.
Property
Powers of Attorney for property generally allow an individual to appoint someone to manage financial affairs on their behalf. Where assets are complex or spread across jurisdictions, it may be appropriate to have more than one power of attorney and to appoint different attorneys in different locations. Care must be taken to ensure that multiple powers of attorney do not unintentionally revoke one another.
Personal Care
Beyond finances, consideration should be given to personal care planning. Where individuals or their loved ones move between jurisdictions or spend extended time in Canada and elsewhere, practical questions arise, including:
- Who is best suited to make personal care decisions in each location?
- Will the relevant documents be recognized locally?
- Are there trusted individuals in each jurisdiction who can step in when needed?
Thoughtful planning can help ensure continuity of decision‑making and care across borders.
Conclusion
As lives become increasingly global, estate planning must reflect that reality. Careers, families, and assets no longer fit neatly within a single jurisdiction, and planning assumptions should not be either. Whether assets are held abroad, loved ones live in multiple countries, or time is divided between jurisdictions, proactive and coordinated planning is essential.
A thoughtful estate plan isn’t just about minimizing tax or avoiding delays, it’s about clarity, fairness, and peace of mind for individuals and their families, wherever life may take them.
