GERMAN ESTATES LAWYER
Do you have an inheritance in Germany?
German Estates and Probate Lawyer / Deutscher Anwalt für Erbrecht
At Bobila Walker Law we deal with Ontario estate matters. Wee also assist our clients who need assistance with German inheritances and pension.
Our lawyers work with German lawyers on a regular basis to ensure that our client’s interest is protected. Daniel Walker is a German speaking lawyer in Toronto, Ontario and has extensive experience in various areas of the law.
Under German law, the estate of a deceased individual is subject to the principle of ‘universal succession.’ This means that upon the decedent’s death, heirs automatically become owners of the estate. Succession is determined either by statutory law or by disposition in contemplation of death. Unlike in Anglo-American law, the concept of an executor or trustee is largely absent in German law.
However, heirs must substantiate their right to succession through a certificate of inheritance (“Erbschein”), necessary for dealing with real estate or bank assets. This certificate is issued by a German surrogate’s court (“Nachlassgericht”), typically located at the decedent’s last residence in Germany or, if none, determined by the location of estate assets.
To obtain an Erbschein, at least one heir (or, under certain circumstances, the executor or trustee designated in an Anglo-American will) must apply to the Nachlassgericht by providing an affidavit or declaration in lieu of oath. This application can be made directly to the Nachlassgericht (if heirs are in Germany), a German notary, or through German Missions abroad. The applicant usually acts on behalf of all heirs and does not require a power of attorney.
Here's how to obtain a Certificate of Inheritance:
The applicant must provide all necessary information in advance to enable the German Missions to draft a formal application. This typically involves completing a questionnaire and providing copies of documents proving the right to inherit (e.g., last will, letters testamentary, death certificates, etc.).
The German Mission will prepare the application document and arrange an appointment for the applicant to sign it. As German is the official language, the application will be in German. If the applicant doesn’t understand German, the consular agent will explain the contents orally. The original documents should be presented during this appointment for notarization.
The applicant receives the original and a certified copy of the application, one of which must be sent to the competent Nachlassgericht or the applicant’s representative in Germany.
Upon receiving the application, the Nachlassgericht will issue the Erbschein and forward it to the designated recipient.
Fees for preparing the application and certification vary and can be paid in cash or by Visa/Mastercard. Additionally, heirs have the option to renounce succession within six weeks to the German surrogate’s court if they are outside of Germany within six months after learning about the case of succession. The declaration of renouncement can be executed before a consular officer at the German Mission or a Honorary Consul, with applicable fees payable accordingly.
Cross-Border Estate Issues
The legal systems in Germany and Canada present unique challenges when it comes to matters of inheritance and estate law. Understanding the differences between these jurisdictions is crucial in navigating complex legal scenarios involving property and assets.
Canada’s federal structure, with varying laws across provinces and territories, contrasts with Germany’s more uniform civil law system across its sixteen federal states. In Canada, provinces hold significant legislative powers, while in Germany, the law is more standardized throughout the country.
Determining the applicable jurisdiction is key, especially concerning movable and immovable assets. The location of the property or the deceased’s last domicile dictates which laws apply, impacting issues like inheritance, estate tax, intestate succession, and will design.
In such intricate legal landscapes, seeking expert advice is paramount. Whether dealing with inherited assets in Germany or Canada, our experienced legal team can provide tailored guidance. Avoid pitfalls and delays by consulting with us early on to ensure a smooth legal process and safeguard your interests.
Inheriting in Germany
If you have or expect to inherit property or assets in Germany, our lawyers are here to support you. Our team can guide you through the complexities of German inheritance law, including the “community of heirs,” the inheritance certificate, and the compulsory share of the inheritance.
It is crucial to be aware of the risks involved when inheriting a property in Germany, from debts linked to the property to potential unsuitability for your intended purpose. Our lawyers can provide clear guidance on rejecting an inheritance if it is in your best interests, especially if you reside in another country like Canada.
On the other hand, should you choose to accept the inheritance, our lawyers will expertly assist you through the process. Understanding the requirements under German law as an heir is essential, and our team will help you obtain the necessary files and documents for a smooth transition.
In cases involving multiple heirs and forming a “community of heirs,” navigating joint property and administration complexities becomes crucial. Legal advice is paramount for heirs abroad due to the intricate nature of such arrangements.
For individuals in Germany inheriting property and assets in Canada, our lawyers offer valuable insights into the process of inheriting abroad and how inheritance taxes may impact you. Contact our team for comprehensive legal support tailored to your specific situation.
Intestate Succession
Intestate succession laws play a crucial role in determining asset distribution when no will is in place. Under German law, § 1931 BGB governs intestate succession, outlining the spouse’s entitlement based on surviving relatives. Careful will drafting can prevent intestate succession, giving the testator control over their assets.
In Germany, a surviving spouse’s share varies based on the deceased’s surviving relatives. The spouse may receive 25%, 50%, or 100% of the estate depending on surviving children, parents, or siblings. Family claims are determined by their class within the inheritance order, impacting who receives the inheritance.
In Canada, laws on intestate succession vary by province. For instance, in Alberta, a spouse receives 100% of the estate if there are children. In Quebec, the spouse gets 1/3, with the rest divided among children. The complex process is heavily influenced by the individual’s residency.
Intestate succession in Canada can be a lengthy and costly process, involving court-appointed administrators and guardians for children. Without a will, important decisions are left to the legal system. Regardless of location, meticulous will drafting is highly recommended to avoid these complexities.
GERMAN SPEAKING LAWYER IN TORONTO
We are a Toronto based boutique law firm with a focus on advising individuals and businesses with an international interest. A substantial part of our practice is advising German and German-speaking clients needing advice on Canada related legal matters. With German speaking members and knowledge of both the Canadian and German legal systems, business practices, and culture, our firm can offer a paramount advantage in advising cross-border matters and anticipate our client’s special needs. Our firm has developed strong relationships with other firms in Germany who often assist our clients.
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our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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