German-Canadian Probate and Inheritance Lawyers

The legal systems in Germany and Canada are very different, and such differences can have an enormous impact on the legal matter. Whereas Canada is a federal state composed of ten provinces and three territories, Germany consists of sixteen federal states. The provinces in Canada have significant legislative powers regarding civil law issues within their territory. It is even more complicated as while most of Canada follows a common law system, similar to Anglo-American common law, Quebec follows a civil law system. Germany is a civil law jurisdiction with far more limited divergences in the law between different parts of the country.

Determining which jurisdiction applies is crucial to the resolving of the case. The Canadian and German legal systems distinguish between movable and immovable assets and view that in the case of immovable assets, the property’s location is decisive, whereby the legislation of the state where the property is located is applied. However, for movable inherited assets, the law of the location of the deceased’s last domicile plays the most important role.

The differences between the jurisdictions comes into account in matters relating to inheritance and estate tax law, intestate succession and designing wills. Suppose you have inherited property or assets in Germany or plan to leave German assets to a Canadian heir. In that case, our lawyers can advise you on all matters relating to German inheritance law. Similarly, if you have inherited Canadian assets but are based in Germany, our team can ensure that you receive the required legal support, either from us or via Canadian lawyers we can recommend.

Taking action alone in such complex situations can result in deadlock situations whereby the whole process is slowed down for lengthy periods. Misunderstandings of the law or legal system can have severe consequences. Consulting with our lawyers from the start will ensure that your case is in safe hands.

Intestate succession under German law is legislated under § 1931 BGB and it applies where no will has been created; the will does not fulfil German law requirements or where assets are excluded from the will. Carefully drafting wills or inheritance contracts ensure that intestate succession is avoided, and allow the testator control over their assets and estate.

Under intestate succession, the deceased’s spouse receives their share of the estate first. Their claim is determined by the surviving relatives of the deceased. If they have surviving children (or grandchildren, should the children be predeceased), the spouse will receive 25% of the estate. If the deceased has surviving parents, siblings or grandparents, the spouse gets 50% of the estate. However, if any of the named relatives do not survive the deceased, the spouse will receive 100% of the deceased’s legacy.

Family claims are determined by their “class” within the inheritance order. Any beneficiaries of a higher class exclude any potential beneficiary of the next class (§ 1930 BGB). Therefore, if a successor is in Class one, they receive the inheritance instead of sharing it with those in classes two and three.

If a person dies in Canada without leaving a will the situation depends on where in Canada they were resident. Each of the territories and provinces provide varying outcomes regarding the asset division, so whereas in Alberta if the deceased has a spouse and child/children and those children also belong to your spouse, 100% of your estate goes to your spouse, in Quebec your spouse gets 1/3 of your estate and the remaining 2/3 is divided equally between your children. Therefore, the process is quite complex and very much based on where the individual resides.

Intestate succession in Canada is also a generally lengthy process, that will cost surviving loved lots significant time, money and effort to resolve. Delays often occur as the courts need to appoint an administrator for the deceased’s estate. The courts also decide on a guardian for young children in cases where they are left without a surviving parent. Without a will, the deceased has no power over this decision.

Whether in Canada or in Germany, carefully drafting a will is strongly advisable.

As an attorney for inheritance law, Dr. Bichat offers comprehensive legal advice and representation on all legal issues that become relevant for heirs and testators before and after an inheritance. Whether in drafting wills, business succession or estate planning, he will support you expertly and with the necessary commitment.

Dr. Bichat is considered a proven expert in complex inheritance cases with international ramifications: Clients worldwide rely on his expertise and negotiating skills.