Representing and advising the Canadian executor

Services

We offer representation and advice to the Canadian personal representative (estate trustee, executor, administrator) in the settlement of the estate in Canada and Germany. If probate administration in Canada is necessary, we work together with specialized Canadian lawyers in Canada (in particular Ontario and British Columbia). The services provided include, for example,

• preparing the application for the granting of the trustee's certificate (certificate of appointment, letters of probate, grant);
• collection of estate assets in Canada; 
• preparing the application for a German certificate of executorship or inheritance;
• collection of estate assets in Germany
• reparing the estate inventory, drawing up the distribution plan and accounting;
• declaring Canadian taxes, in particular CGT on deemed disposition on death and income tax for the year of death:
• determination of the right of taxation regarding the income of the estate for income tax purposes under the German-Canadian Income Tax Treaty, in particular the tax domicile (domicile);
• Advice on the tax obligations of the estate administrator in Germany;
• Advice on the tax obligations of beneficiaries in Germany (see also representation of a beneficiary vis-à-vis the Canadian estate administrator).

Locations and remote advice

We provide personal advice in Berlin and (to a limited extent) in Munich.

Otherwise, we provide advice via remote communication channels (Zoom, telephone, email) throughout Germany and abroad, particularly in Canada. In most cases, this is also completely sufficient for our clients' concerns. If we think that personal advice makes sense, we will let you know!