Toronto Wills and Powers of Attorney Law Firm

Estate Planning Law Firm in Ontario

To ensure the smooth distribution of your assets and payment of debts upon your death, it is critically important to develop a comprehensive estate plan that includes a will and powers of attorney.

At Polten & Associates, our knowledgeable and experienced Toronto lawyers assist clients with the creation of optimally cost-effective estate planning documents. Fluent at a professional level in English and German, we work diligently to draft wills and powers of attorney which express our clients' goals and wishes in the clearest possible terms, while guarding against exposure to potential legal challenges.

Drafting Wills and Powers of Attorney in Canada

In Ontario, there are two ways to create a valid, legally sound will. The conventional, and preferable, method is to draft a written document, signed by the testator and two witnesses. A holographic will, although not an advisable form, is also valid in Ontario and some other Canadian provinces. This type of will must be written entirely in the testator's own handwriting, including his or her signature and the date on which it was written.

When creating your own will, it is vitally important that you seek the advice of an experienced wills and estates lawyer. Our lawyers can assist you in creating a will that clearly states your wishes, protects your rights and assets, properly arranges for implementation of your wishes, and would withstand a court challenge should such occur.

In addition to a will, a power of attorney can enable you to appoint one or more suitable, trusted persons to make decisions on your behalf, should you become incapacitated. There are two types of powers of attorney: a power of attorney for property and power of attorney for personal care. A power of attorney for property would grant one or more suitable, trusted persons of your choice the authority to make decisions regarding your real estate, other property and finances. Similarly, a power of attorney for personal care would grant authority to make medical, healthcare- and lifestyle-related decisions on your behalf.

Cross-Border Estate Planning

Our lawyers provide counsel to clients on estate planning matters in Canada and also handle issues related to property and heirs in Germany and other German-speaking countries in Europe. This includes situations in which a Canadian will involves German heirs or in which a German will involves Canadian heirs. As appropriate, we engage in such cases the resources of our well developed network of contacts in the legal profession throughout Germany, Switzerland and Austria. Our lawyers are also supported by our native German-speaking legal and administrative assistants who occupy complementary roles within our firm and, combined, offer more than a decade of experience in working within the legal system in Germany.

The founding lawyer of our firm, Eric P. Polten, has supervised the writing of the following article on estate planning and administration:

Contact Our Ontario Estate-Planning Lawyers

To contact a lawyer from our firm who can guide you, in English or German, in avoiding costly mistakes in the creation of a will or powers of attorney, call from the Toronto area 647-724-4175 or from elsewhere toll free 1-866-322-6521.