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

In-Person consultation and remote consultation

We provide In-Person consultation in Berlin and Munich.

Otherwise, we provide advice via remote communication (Zoom, telephone, e-mail). 

Do You have any Questions?

We look forward to assisting you. For the sake of simplicity and efficiency, we request that you use our contact form for your inquiry and describe the matter as clearly as possible. In addition, you can include relevant attachments. After submitting your inquiry, we will contact you either by telephone or e-mail within 2 working days. If we can assist, we will suggest a time and date for an initial consultation. Of course, you can also contact this firm or a particular attorney directly to make an appointment for a personal consultation or telephone consultation (find contact details here). Please be advised that no attorney-client relationship is created by sending us an email or filling out this contact form. For information on our fees, please click here.

Upon request, we offer consultation via Zoom. For general information on how to join an instant meeting through an email invite, please visit the Zoom website

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