Representing a Beneficiary against the Canadian Personal Representative

Services

We often represent beneficiaries (heirs, legatees) residing in Germany in vis-a-vis the Canadian personal representative (estate trustee, executor, administrator). Our services include, for example,

• requesting/obtaining a copy of the German or Canadian Last Will and Testament;
• requesting/obtaining the estate inventory and accounting;
• requesting/obtaining the documents and information required for the fulfillment of tax obligations in Germany;
• advice on the exercise of tax election rights to avoid double taxation;
• advice on the tax-optimized distribution of estate assets if not all beneficiaries reside in Germany; 
• initial examination of the legality of withdrawals from the estate (e.g. for estate liabilities and estate settlement costs, remuneration of the personal representative in Canada);
• asserting claims for distribution of the estate or the distribution share against the administrator.

If our work reveals indications of breaches of duty by the personal representative, we will also advise you on whether it would be advisable to hire a Canadian lawyer (specializing in inheritance law). These lawyers represent the client, for example,

• reviewing the passing of accounts;
• proceedings to dismiss the Canadian estate administrator;
• proceedings to prevent certain transactions (e.g. sale of real estate) or
• proceedings for the payment of damages against the estate administrator.

In addition, we also advise on the tax consequences of the inheritance in Germany, in particular

• preparation and filing of the German inheritance tax return in the case of connections to Canada.

Consultation locations and remote consultation

We provide personal advice in Berlin. Otherwise, we advise throughout Germany using remote communication tools (Zoom, telephone, email). In most cases, this is also completely sufficient for dealing with our clients' concerns. If we think that personal advice makes sense, we will let you know!