When Canadian citizens inherit assets in Germany — whether a bank account, an apartment, a vehicle, or a valuable art collection — they often encounter complex legal challenges. German inheritance law (Erbrecht) applies a set of specific rules and formalities that may differ considerably from Canadian (common law or Quebec civil law) systems. As experienced German attorneys, we are pleased to assist Canadian heirs with navigating this legal landscape.
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Certificate of Inheritance (Erbschein)
One of the central documents in German probate proceedings is the Erbschein, or Certificate of Inheritance. It is an official court document that proves the heir's legal status and is often required to:
Access bank accounts
Transfer property ownership
Sell inherited real estate
Manage any ongoing contracts
Canadian heirs must apply for an Erbschein at the German probate court (Nachlassgericht) responsible for the deceased's last residence. This application can be complex and requires:
Proof of death (e.g., international death certificate)
Proof of relationship (e.g., birth certificates, marriage certificates)
Any existing wills, handwritten or notarized
Details about the estate's composition
We regularly assist Canadian clients in gathering the necessary documentation, drafting affidavits, and communicating with German courts to streamline the process.
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