Ontario, and/or Cross-Jurisdictional Canadian and German, Wills and Estates Services
Polten & Associates has been handling wills and estate administration and litigation matters in the Greater Toronto Area for more than 20 years.
We draft wills, specializing in those of cross-jurisdictional application. We also provide legal support to estate administrators and, when necessary, litigate estate disputes arising out of domestic or cross-jurisdictional situations.
Estate Administration Is More Important Than Ever
Much is at stake in matters of succession and inheritance. For individuals, families and their heirs, it is crucial to have legally sound, comprehensive arrangements in place to address all of the legal issues that arise at the end of a life.
We provide seasoned representation, helping our English-speaking and our German-speaking clients with estate administration as well as estate litigation.
Cross-Border Estate Administration and Litigation Services
Receiving a notice from Germany, Austria or Switzerland informing you of the death of a loved one can mark the beginning of a confusing, complex and hectic process as you seek to ensure that his or her estate is handled properly and that all legitimate heirs receive their appropriate entitlements.
Together with our network of legal colleagues in Germany, we can help you protect your rights and make sure your loved one's wishes are correctly implemented, without your having to leave Canada to do so.
Conversely, Germans who receive notice of the death of a loved one in Ontario or other common law province of Canada often need legal representation by a lawyer who has a command of both the German and Canadian legal and cultural contexts of an estate dispute and who is authorized to act on their behalf in Canada.
Sample Case
Our client was engaged in long-term litigation in Ontario. The defendant, a resident of Germany, passed away before the litigation could conclude, thus staying the proceeding until an Ontario trustee could be appointed by the court. In spite of the residence of the defendant's German heirs, and through our firm's persistence in locating a suitable and willing candidate, such an appointment was made, with the effect, that the proceeding then had two Ontario-based parties, our client as plaintiff and the Ontario trustee as defendant (in his capacity as trustee of the defendant's estate). We subsequently obtained a judgement in our client's favour, and the challenge then became one of having that judgement recognized in Germany, where the estate assets of the defendant were located and where it would be enforced. We referred our client to our extensive legal network in Germany. Subsequently our client was represented before the Bundesgerichtshof (the equivalent of the Supreme Court of Canada - File Number: IX ZR 150/05), which confirmed its recognition and paved the way for its enforcement.
Learn More About Your Rights
Contact us by calling from the Toronto area 647-724-4175 or from elsewhere toll free 1-866-322-6521.
