One Certificate of Appointment of Estate Trustee with Will, Two Countries, and Seven Years of Litigation: How we achieved a legal precedent in a Cross-Border Estate Law Case Involving Canada
At first, it looked like an isolated case: A German citizen living in Canada passed away, leaving assets in both countries and a will drafted subject to Canadian law. But opposing family members in Germany challenged it – arguing that Canadian law shouldn’t apply in German probate proceedings.
What began as a legal dispute turned into a seven-year journey that has since become a legal precedent in cross-border estate law.
The key legal question:
Can a German probate court apply Canadian estate law?
The opposing side said no – and took their argument all the way to the Higher Regional Court (Oberlandesgericht).
What many don’t realize: German courts rarely deal with Canadian estate matters. In fact, it was difficult to find a court willing to even process the required certificate of inheritance based on foreign law.
But now the answer is clear:
Yes, Canadian estate law can be applied in Germany. The Higher Regional Court has confirmed this – and in doing so, has set a clear precedent.
This ruling is more than just a legal win. It has created much-needed clarity for similar cross-border cases, especially when:
▶ An estate trustee has been appointed by a Canadian court,
▶ A certificate of inheritance is required to claim assets in Germany,
▶ And the underlying will is subject to Canadian law.
For us as a cross-border law firm, this case proves how essential our work is:
It brings structure to complex international situations, gives families legal certainty in times of emotional difficulty, and lays the groundwork for smoother estate proceedings in future cases.
This case didn’t just conclude successfully – it will create a lasting impact.
