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A foreign legal opinion for Canada<\/strong><\/h4>\nA foreign legal opinion is required in Canada in cases that deal with international wills and inheritances, such as the example above, cases in which the deceased lived in Canada but left behind property in Israel. In this case, the beneficiaries who petition for the will to be probated will need to present an expert Canadian law opinion to the court in Israel. The court can then probate the will, and the beneficiaries will be able to take possession of the assets left behind by the deceased in Israel.<\/p>\n
A foreign legal opinion for Canada is required for other legal issues besides inheritance and estates, such as: enforcing court rulings, immigration, real estate, criminal law, taxation matters, insurance issues, and more.<\/p>\n
Attaching a foreign legal opinion to a petition for probation of a will or inheritance decree<\/strong><\/h4>\nIt is required to attach an expert foreign legal opinion when petitioning for probation of a will or inheritance decree, in the event that:<\/p>\n
\n- The deceased drew up their will in Canada<\/li>\n
- The deceased\u2019s last place of residence was Canada<\/li>\n
- There are real estate properties under the name of the deceased in Israel and\/or<\/li>\n
- There is personal property under the name of the deceased in Israel<\/li>\n<\/ul>\n
Foreign legal opinion for inheritance and will decrees <\/strong><\/h4>\nClause 136 of the\u00a0Israeli inheritance law \u2013 1965<\/a> (hereafter: \u201cThe Inheritance Law\u201d) states that a court in Israel is authorized to hold a hearing at the bequest of any person who: 1) resided in Israel on the day of death; or 2) left assets in Israel.<\/p>\nIn other words, if a Canadian citizen passed away and left property in Israel (an apartment, car, bank accounts, etc.), in order for his or her beneficiaries to receive the property they are entitled to, whether by a will or an inheritance decree, they must submit an expert foreign legal opinion along with the probate petition. Regardless of its size, as long as the property is in Israel, and the deceased is a Canadian citizen, the beneficiaries will need to attach a foreign legal opinion to their petition.<\/p>\n
Clause 137 to the Inheritance Law states that the law of the deceased\u2019s last place of residence applies to the inheritance he or she bequeathed. The accepted interpretation of \u201cthe deceased\u2019s last place of residence\u201d is their center of life at the time of death, based on the relevant circumstances and connections. So, for instance if the deceased\u2019s place of residence at the time of death was Canada, in this case, a foreign legal opinion is required: an opinion on how Canadian inheritance laws apply to the petition for probation of the will. The opinion will specify what the Canadian inheritance laws state on this subject.<\/p>\n
By law, when there is difficulty in determining the deceased\u2019s place of residence, the maximum linkages test will be applied objectively. As linkages accumulate more heavily in a certain country, the court can rule that this country was the center of the deceased\u2019s life at the time of death.<\/p>\n
What is an expert foreign legal opinion?<\/strong><\/h4>\nAn expert foreign legal opinion is a legal opinion that is prepared in the format of an affidavit regarding the foreign law to be applied to the deceased\u2019s bequest. The opinion must be attached to the petition for probate of a will or inheritance decree that is submitted to the Inheritance Registrar at the place where the bequeathed property is located. Usually, the Inheritance Registrar turns the file over to the family court. The court then conducts a detailed examination of the petition and the attached documents, including the foreign legal opinion.<\/p>\n
The foreign legal opinion is submitted by an attorney who is licensed to practice law in the foreign country for which the opinion is needed and who is proficient in that country\u2019s laws. Take into consideration that this attorney may be required to testify in court regarding his or her expertise and the correctness of his or her opinion and may also undergo cross-examination.<\/p>\n
Accordingly, an expert on foreign Canadian law could be an attorney licensed in one of the Canadian provinces (Ontario, for example), a member of the Canadian Bar Association, and someone who is authorized to appear in courts in Israel and in Canada, and has knowledge of Canadian law. An experienced foreign law expert is one who has written tens of legal opinions regarding foreign law\u2013in our case, Canadian law.<\/p>\n
What is the definition of a foreign law expert? <\/strong><\/h4>\n
It is required to attach an expert foreign legal opinion when petitioning for probation of a will or inheritance decree, in the event that:<\/p>\n
- \n
- The deceased drew up their will in Canada<\/li>\n
- The deceased\u2019s last place of residence was Canada<\/li>\n
- There are real estate properties under the name of the deceased in Israel and\/or<\/li>\n
- There is personal property under the name of the deceased in Israel<\/li>\n<\/ul>\n
Foreign legal opinion for inheritance and will decrees <\/strong><\/h4>\n
Clause 136 of the\u00a0Israeli inheritance law \u2013 1965<\/a> (hereafter: \u201cThe Inheritance Law\u201d) states that a court in Israel is authorized to hold a hearing at the bequest of any person who: 1) resided in Israel on the day of death; or 2) left assets in Israel.<\/p>\n
In other words, if a Canadian citizen passed away and left property in Israel (an apartment, car, bank accounts, etc.), in order for his or her beneficiaries to receive the property they are entitled to, whether by a will or an inheritance decree, they must submit an expert foreign legal opinion along with the probate petition. Regardless of its size, as long as the property is in Israel, and the deceased is a Canadian citizen, the beneficiaries will need to attach a foreign legal opinion to their petition.<\/p>\n
Clause 137 to the Inheritance Law states that the law of the deceased\u2019s last place of residence applies to the inheritance he or she bequeathed. The accepted interpretation of \u201cthe deceased\u2019s last place of residence\u201d is their center of life at the time of death, based on the relevant circumstances and connections. So, for instance if the deceased\u2019s place of residence at the time of death was Canada, in this case, a foreign legal opinion is required: an opinion on how Canadian inheritance laws apply to the petition for probation of the will. The opinion will specify what the Canadian inheritance laws state on this subject.<\/p>\n
By law, when there is difficulty in determining the deceased\u2019s place of residence, the maximum linkages test will be applied objectively. As linkages accumulate more heavily in a certain country, the court can rule that this country was the center of the deceased\u2019s life at the time of death.<\/p>\n
What is an expert foreign legal opinion?<\/strong><\/h4>\n
An expert foreign legal opinion is a legal opinion that is prepared in the format of an affidavit regarding the foreign law to be applied to the deceased\u2019s bequest. The opinion must be attached to the petition for probate of a will or inheritance decree that is submitted to the Inheritance Registrar at the place where the bequeathed property is located. Usually, the Inheritance Registrar turns the file over to the family court. The court then conducts a detailed examination of the petition and the attached documents, including the foreign legal opinion.<\/p>\n
The foreign legal opinion is submitted by an attorney who is licensed to practice law in the foreign country for which the opinion is needed and who is proficient in that country\u2019s laws. Take into consideration that this attorney may be required to testify in court regarding his or her expertise and the correctness of his or her opinion and may also undergo cross-examination.<\/p>\n
Accordingly, an expert on foreign Canadian law could be an attorney licensed in one of the Canadian provinces (Ontario, for example), a member of the Canadian Bar Association, and someone who is authorized to appear in courts in Israel and in Canada, and has knowledge of Canadian law. An experienced foreign law expert is one who has written tens of legal opinions regarding foreign law\u2013in our case, Canadian law.<\/p>\n
What is the definition of a foreign law expert? <\/strong><\/h4>\n