German and Canadian estate laws are fundamentally different. In Germany, an heir must apply for a certificate of inheritance. Generally, no estate trustee is appointed or required to wind up an estate in Germany. In Canada, all provinces require the appointment of an estate trustee or liquidator through the courts to take control of estate assets and ensure they are distributed to the legal heirs. Germans with assets in Canada should have a Canadian testament for those assets. Canadians with assets in Germany will not gain control of these unless they go through a probate process in Germany. This will require an application for a certificate of inheritance to be made before a German notary. As German Canadian lawyers, we can assist you either in opening an estate in Germany or one in Canada, especially in Alberta, British Columbia, Nova Scotia, Ontario, and Quebec.
We have extensive experience in handling estate matters in all Canadian provinces as well as all over Germany. We can assist you in appointing an estate trustee under Canadian law as well as in obtaining a certificate of inheritance to allow you to gain control of assets in Germany and distribute these cross-border. We will arrange for the appraisal and sale of real property. We will contact banks and financial institutes to close accounts and transfer funds. We will draft enforceable estate settlement agreements.
We can help you to make gifts of your assets during your lifetime, including gifts of real property, either in Canada or in Germany. We will provide pragmatic advice and help you draw up a valid testament for assets in Canada or assets in Germany. Our goal is to ensure that your wishes are followed and costly disputes among your heirs can be avoided. We will evaluate your legal position in the event powers of attorney have been granted during the lifetime of a close relative or there is a dispute about the validity of a will and assets have been taken. If necessary, we will enforce your legal interests through the courts in both countries.
If you have inherited assets based on a will either in Germany or in Canada, we will take all necessary steps so that you will obtain the assets, including required tax reporting and payment in both countries. We will review the work of estate trustees and, if necessary, make them accountable to you for their work in a passing of accounts proceeding.
DECADES OF EXPERIENCE IN CROSS-BORDER PROBATE MATTERS TO SAFEGUARD YOUR POSITION AS HEIR
We have successfully handled cross-border estate matters for more than 25 years both outside of court and before the courts in both Germany and Canada. Our experience means that we can quickly assess the facts of your case, advise you on your legal position and assist you in choosing the most effective way to protect your legal interests. We will guide you to a successful outcome and work with you until you receive your inheritance, for example, by payment of money into your bank account or transfer of real property into your name in the land register.
Our services in estate matters range from:
- Meeting with you to discuss your estate planning requirements and drawing up a legally valid will
- Preparing or reviewing powers of attorney to be used during a lifetime
- Reviewing a last testament left by a relative and advising you of your entitlement to the estate
- Initiating probate proceedings in courts in Canada or Germany to appoint an estate trustee or obtain a certificate of inheritance
- Providing expert opinions on German law in connection with legal proceedings on the validity of a power of attorney or testament
- Reviewing the work of an estate trustee, including requiring a passing of accounts proceeding in Canada
- Preparing and making the necessary tax filings in Canada and Germany
- Engaging in litigation to enforce your rights to an inheritance
- Appraising and selling assets to wind up an estate
- Conducting the necessary correspondence with banks, public agencies and pension funds
- Engaging in negotiations, including mediation, where the estate is disputed, and
- Drafting enforceable settlement agreements.
We work in English, German and French and explain relevant distinctions between Canadian and German law to ensure that you have effective representation and are able to make the right decisions so you can handle your cross-border estate matters in Canada and Germany.
As a cross-border law firm, we offer legal expertise and bridge the legal differences between Canadian law and German law.
For a quick initial consultation, simply download our digital contact form and enter your legal issue and details under CONTACT/Request-initial-advice.