What Happens to my Ontario Will After I Make Aliyah?

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Moving to Israel alone will not nullify your Ontario will. If you retain property, investments, business interests or other legal connections in Ontario after making Aliyah, a properly drafted Ontario will can remain an essential component of your estate plan.


Owning assets in both Ontario and in Canada, does, however, create a more complex environment for your Ontario will to operate. 

 

If you are planning Aliyah or have made Aliyah from Ontario, you should confirm what your Ontario will does and does not cover. It should be carefully coordinated with your Israeli estate plans.

 

For Canadians with Ontario assets and/or legal connections, I provide estate planning advice around the realities of living abroad.

Your Ontario Will After Aliyah

Your Ontario will may continue to govern your Ontario assets, including real estate, bank accounts, personal possessions, corporate shares and other investments after you leave Ontario. The question is whether your Ontario will still makes sense after Aliyah.


A will written when you lived entirely in Canada may have assumed that your estate trustee, beneficiaries and assets are all in the same province. After your move to Israel, however, these assumptions may no longer hold. While remaining legally valid, your Ontario will may become practically outdated post Aliyah.

Why You May Still Need an Ontario Will

If you continue to own assets in Ontario, an Ontario will can provide clear instructions for administering these assets and their related rights. Consider what will happen to your:

  • Ontario real estate
  • Canadian bank accounts
  • Shares in a Canadian private company
  • Valuable personal property located in Canada
  • Loans owed to you by Canadian individuals or businesses
  • Intellectual property or contractual rights connected to Canada; and/or
  • Interests in a Canadian partnership or trust

Without a valid Ontario will, your Ontario estate may be distributed according to provincial intestacy rules, which will not necessarily reflect your personal relationships, family priorities or intentions.

One Will or Two?

Canadians living in Israel often ask whether they should have one worldwide will or separate wills for their Canadian and Israeli assets.

 

The answer is: it depends. 

 

While a single will may appear simpler, administering it across two legal systems can create practical difficulties. Institutions in one country may require authenticated documents, certified translations or additional evidence before recognising authority granted in another country. The administration of assets may be less efficient under one all encompassing will. 

 

If you decide to keep jurisdictions separate and draft two separate wills for Ontario and Israel respectively, the two wills must be coordinated carefully so that one does not inadvertently revoke the other. It is also important that the documents do not conflict regarding which assets they cover, who has final authority, and how debts or taxes should be paid.

 

Separate wills should not be prepared in isolation. Your Ontario and Israeli lawyers must understand how the two documents are intended to work together

Review Who You Have Appointed as Estate Trustee

Your estate trustee is the person who will ultimately be responsible for carrying out the instructions in your will.

 

If your current will appoints an Ontario resident for this role, that may still be a sensible choice. An Ontario resident may find it easier to communicate with Ontario banks, lawyers, courts, government agencies and property professionals.

 

If your chosen estate trustee now lives in Israel, however, the appointment may still be possible, but it can introduce complications.

 

An estate trustee who does not live in Ontario may be required to post a bond when applying for a Certificate of Appointment of Estate Trustee. Whether a bond is required will depend on the circumstances and the court process. A foreign estate trustee may also face practical issues involving travel, Canadian banking, original signatures, time zones and tax administration.

Ask yourself:

  • Does my chosen estate trustee still want the role?
  • Are they capable of managing assets in Canada?
  • Do they understand my family and financial circumstances?
  • Would their residence create additional legal or tax issues?
  • Have I appointed an alternative estate trustee?
  • Would professional assistance be appropriate?

If your answers raise concerns, consider updating your Ontario will to appoint someone better placed to administer your Ontario estate, or naming an alternative who can step in if necessary. 

Consider How Your Assets Are Actually Owned

Your will does not necessarily control every asset you own. Some assets may pass through a joint ownership arrangement or a beneficiary designation. Life insurance, registered retirement plans and tax free savings accounts may have named beneficiaries. The treatment of these assets depends on the account, the

designation and the surrounding circumstances.

 

It is important to examine how each of your assets is legally owned.

 

Property owned jointly may be treated differently from property owned in your name alone. The result can depend on the legal relationship between the owners and the evidence surrounding the arrangement.

 

This is particularly important after Aliyah because you may close certain Canadian accounts, retain others, and/or transfer funds to Israel. You may sell an Ontario property or turn it into a rental. You may also acquire Israeli assets that your Canadian will was never designed to address.

 

Your estate plan should reflect what you own today, and how.

Canadian Real Estate Requires Careful Planning

If you retain property in Ontario, your will may need to address whether the property should be sold, transferred or held for a particular beneficiary. It should also provide the estate trustee suitable powers to manage insurance, repairs, tenants and a potential sale, if relevant.

Consider, with the help of a lawyer or accountant:

  • How title to the property is registered?
  • Whether the property forms part of your estate?
  • Whether probate may be required?
  • Potential taxes on death?
  • The practical process for maintaining or selling the property?
  • Whether a beneficiary living in Israel can receive the property effectively; and
  • How expenses and liabilities will be paid

Do not assume that leaving the property to someone in a will resolves these issues.

Coordinate Your Will With Your Tax Position

Canada generally treats a person as having disposed of certain capital property immediately before death. This can create taxable gains even when the asset has not been sold.

 

Your estate may also have Canadian filing obligations. The estate trustee is generally

responsible for making sure required returns are filed and balances owing to the Canada Revenue Agency are addressed.

 

Israel also has its own tax and reporting treatment for inherited assets, income produced by those assets and a later sale.

 

Canadian and Israeli advisers should therefore examine the same plan. Advice from only one jurisdiction may leave important gaps.

Your Power of Attorney Is a Separate Document

A will only takes effect after death. It does not authorize anyone to manage your property while you are alive.

 

If you retain Ontario property or financial affairs after moving to Israel, you should also review your Ontario power of attorney.

 

A continuing power of attorney for property can allow a trusted person to deal with financial matters in Ontario. Depending on how it is drafted, it may assist with banking, property management, legal documents and business affairs.

 

Your Israeli estate planning should separately address who can act for you in Israel. An Ontario power of attorney will not satisfy Israeli requirements.

Where Should You Keep Your Canadian Will?

The original signed will should be stored securely and be accessible to your estate trustee when required. A scanned copy is useful for reference, but it may not replace the original document during the Ontario probate process.

 

Do tell your estate trustee where the original is stored. Your family should also know which lawyer prepared the will and how to contact the firm.

 

 

Do not place the only original somewhere that nobody can access after your death. A secure location is valuable only if the right people know how to reach it.

FAQ

Is my Ontario will still valid after making Aliyah?

Moving to Israel does not automatically revoke a will that was validly made in Ontario. However, your Ontario will should still be reviewed to confirm that it remains appropriate for your assets, family and residence arrangements post-Aliyah.

You may. If you own assets in Israel, an Israeli will may make the administration of those assets more straightforward. 

 

The decision should be made with advice from lawyers in Ontario and in Israel together.

Yes, but the documents must be coordinated. Each will should clearly identify the assets and jurisdiction it covers.

It may be capable of addressing them, but that does not mean it will be the most practical solution. Canadian institutions and courts may require additional procedures before recognizing a foreign will or appointment.

It is not always mandatory, but appointing someone outside Ontario can create practical, probate and tax complications. A non resident estate trustee may sometimes be required to post a bond.

Not always. Assets with valid beneficiary designations may pass outside your estate. These designations should be reviewed alongside the will to ensure the overall plan is consistent and that the designations reflect your intentions.

Death may trigger a deemed disposition of capital property and other tax consequences, and cross-border residence can make the analysis more complicated.

Review it whenever there is a major change involving your residence, assets, relationships, beneficiaries or estate trustee. Even without a major event, a periodic review is sensible.

If you retain meaningful connections to Ontario, your Ontario will may remain one of the most important documents in your estate plan. 

 

Aliyah creates the need for a coordinated analysis and a coordinated estate plan.

 

Your estate trustees should be chosen with cross border administration in mind. Your asset ownership, beneficiary designations and tax exposure should all be reviewed as one unified plan.

 

I assist Canadians living abroad with Ontario estate planning and other cross-border legal matters. To discuss your circumstances, feel free to contact me.

Note: This article provides general information about Ontario law and is not legal or tax advice. Estate planning outcomes depend on individual circumstances and may involve the laws of more than one jurisdiction.

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