Do I need Last Will & Testament in both countries?

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Phillyboy
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Joined: Wed Jun 09, 2021 10:50 am

Do I need Last Will & Testament in both countries?

Post by Phillyboy »

Hello,

I became a tax non-resident from Canada 20 years ago. Last year I obtained US citizenship so I'm now a US/Canadian dual citizen. I have two questions:

1. My husband (US Citizen) and I are doing estate planning now including our Last Will & Testaments. Do I need to have a separate Will filed in Canada? I no longer live there. My only asset is the funds in my RRSP account.

2. Will it be better to withdraw RRSP and transfer the money to my US account? e.g. take out <CAD 5,000 per year (15% withholding tax rate)?
juliaadams43463
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Joined: Mon Oct 28, 2024 10:43 am

Re: Do I need Last Will & Testament in both countries?

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nelsona
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Re: Do I need Last Will & Testament in both countries?

Post by nelsona »

The very term "last will...", implies there is only one. It is best if it is drawn up in the jurisdiction that one currently lives in, and -- in you case -- would need to take into account any cross-border issues that you can foresee.

But having two wills can easily be contested, especially when clauses differ. And remember you EACH would have a will.
As to simplifying by selling a last remaining small asset in Canada, this would seem logical.
I would keep a small bank account and no fee credit card however, to handle the occasional CDn transaction.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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