Succession law – a will in Canada
The law firm is handling the case of a Canadian citizen’s inheritance.
Ontario law in the case of testamentary succession does not provide for judicial declaration of inheritance, and succession of heirs occurs ex lege when the will is fully executed. This state of affairs is unfavorable to heirs (Polish citizens living in Poland), who need an order confirming the acquisition of an inheritance in order to conduct proceedings before Polish administrative authorities and common courts related to the recovery of ancestral property. Therefore, it was necessary to initiate proceedings before the Regional Court for the Capital City of Warsaw
for a declaration of inheritance opened in Canada.
The jurisdiction of a Polish court depends on demonstrating that Canadian law does not know the institution of a “statement of inheritance,” and that the only way to obtain such a ruling is to initiate proceedings before a Polish court. At this stage, the Ministry of Justice is preparing information on the law of the Province of Ontario to determine whether the jurisdiction of the Polish court is justified.