How Does International Inheritance Work for Canadians?

Question from Lio, How Does International Inheritance Work for Canadians?

Answer from AI:

When a Canadian citizen inherits property from a relative who passed away in another country, such as France, the process can be complex due to the involvement of international laws. Understanding how succession (inheritance) laws work in this context is crucial.

Understanding the Basics of International Succession

Succession laws vary significantly from one country to another. In general, the succession laws of the country where the deceased person was domiciled (had their permanent home) at the time of death will apply. However, there are exceptions, especially when it comes to real estate, which is often governed by the law of the country where the property is located.

French Succession Laws and Canadian Residents

If your father was domiciled in France at the time of his death, French succession laws would typically apply to his estate. However, since you are living in Canada and have been for many years, your lawyer in France has indicated that Alberta (AB) law may apply to your situation. This could be due to a legal principle known as “renvoi,” which occurs when the laws of one country refer back to the laws of another country to determine certain legal questions.

Impact of Separation and Consent Order on Inheritance

Regarding your separation from your ex-partner, the Consent Order you mentioned is significant. It states that each party retains their own property without any claim by the other. This means that, in principle, your ex-partner should not have a claim to any inheritance you receive, as per Canadian law.

Steps to Take in International Inheritance Situations

1. Consult with a lawyer in France to understand French succession laws and how they may apply to your case.
2. Consult with a lawyer in Canada, particularly one familiar with international estate law and the specifics of Alberta law, to understand how the Consent Order may protect your inheritance.
3. Ensure that all legal documents, such as the Consent Order, are readily available and can be presented to legal authorities in both countries.
4. Consider potential tax implications in both France and Canada, as inheritance can be subject to taxation in some jurisdictions.

When to Seek Legal Advice

Given the complexity of international inheritance laws and the potential for conflict between different legal systems, it is essential to seek personalized legal advice. A lawyer can help you navigate the specific details of your case and ensure that your rights are protected.

For more information on Canadian inheritance laws and guidelines, you can visit the Government of Canada’s estate planning resources. For details on French inheritance laws, you may refer to the French Public Service website.

Remember, this information is general in nature and should not be considered as legal advice. It is always best to consult with a legal professional for guidance tailored to your specific situation.