Many estates involve issues in multiple jurisdictions. Because estates are a matter or provincial and state law (rather than federal law), there are over 60 different estate jurisdictions in North America alone.
Estates in Ontario, Away from Home
We are experienced at assisting people administer estates in Ontario from abroad.
If there is no will and no next of kin resident in Ontario, you can face a very significant challenge: no one who is not resident in Ontario can be appointed the ‘estate trustee without a will’. The executor of an estate without a will MUST be resident in Ontario. We assist our clients overcome this hurdle by acting as the estate trustee.
We also assist people outside Ontario overcome the numerous other practical difficulties they face trying to administer an estate in Ontario from abroad, including in particular arranging services to secure the estate, dispose of assets, sell or transfer real estate, etc.
Estates outside Ontario, for Ontarians
If the estate has assets outside Ontario, you can rapidly face significant challenges ensuring the proper administration of the estate. In particular, if the estate had assets in jurisdictions such as Quebec or any European country, you are now faced with dealing with different legal system (civil law), in addition to more than one law.
Local real estate law must be complied with, regardless of where the deceased resided or died.
If there is no will, it is likely that you will need to apply for probate separately in each jurisdiction where the real estate is located, and, the local law will determine who is entitled to apply for probate and what they must do.
Our experience with cross-border matters ensures that we can help you navigate these challenges as efficiently and effectively as possible.