Which cases require an Australian foreign legal opinion? Who is a foreign law expert? These questions and others are answered in this article by the attorneys at our offices.<\/p>\n
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The need for a foreign legal opinion<\/strong><\/h4>\nA foreign legal opinion is often needed when dealing with issues of wills and inheritance, real estate deals that involve foreign companies, and enforcement of foreign court rulings.<\/p>\n
The laws that determine the requirement for a foreign legal opinion (in the relevant cases) are: The Israeli Inheritance Law \u2013 1965<\/a> and clause 10(B) of the Real Estate Regulations (management and registration) \u2013 2011<\/a> which states that if one of the parties to the deal is a foreign corporation, in addition to the bill of sale there must be a certificate of approval from an attorney who is proficient in the laws of the country where the corporation is registered, stating that the corporation is qualified to carry out the transaction based on those laws. In addition, a foreign legal opinion is required under the Foreign Rulings Enforcement Law \u2013 1958.<\/a><\/p>\nForeign legal opinion \u2013 wills and inheritance <\/strong><\/h4>\nThe most common cases in which a foreign expert legal opinion is needed are those dealing with the inheritance of a person who lived abroad and left behind property in Israel. This property can be real estate assets as well as bank accounts, pension funds, securities, etc.<\/p>\n
The Inheritance Law states that a court in Israel is authorized to hear the bequest of any person who resided in Israel on the day of their death or left assets in Israel. The Inheritance Law also states that the law of the deceased\u2019s last place of residence applies to the inheritance he or she bequeathed.<\/p>\n
In other words, if an Australian citizen passed away in Australia, and left behind property in Israel, the Israeli family court will need an Australian foreign expert legal opinion regarding the law that applies to the deceased\u2019s assets.<\/p>\n
Therefore, in order to probate the will or obtain an inheritance decree, the beneficiaries must submit an application to the Inheritance Registrar at the place where the bequeathed property is located and attach an expert foreign legal opinion to the application. The Inheritance Registrar will turn the file over to the family court. Based on the court\u2019s judgement, the Australian foreign law expert may be required to testify in court and even undergo cross-examination.<\/p>\n
The phrase \u201cthe deceased\u2019s last place of residence\u201d often raises questions and uncertainty. For instance, consider a businessperson who has bank accounts in Israel, lived in a rented apartment in New Zealand before their death, but were the owners of a house in Australia, in which their children and siblings live. Was New Zealand their last place of residence, or was it perhaps Australia? In such a case, the \u201cmaximum linkages\u201d test will be applied, which will determine which place the deceased was most strongly connected to at the time of their death.<\/p>\n
Several different foreign legal opinions<\/strong><\/h4>\nA foreign legal inheritance opinion does not have to be the only opinion submitted to the Inheritance Registrar. In other words, if there is a disagreement between the beneficiaries, each party is allowed to bring a foreign legal expert as a witness on their behalf. It is very important to choose a foreign law expert who is thoroughly proficient in the foreign law, because many times the party that shows more proficiency will be the one that wins the case. An example of a case in which the court required an Australian foreign expert legal opinion on the subject of wills and inheritances can be found in Inheritance Case (\u05d8\u05d1’) 942-07-09 (executor) v. the Haifa General Power of Attorney.<\/a> The family court in Tiberias accepted the petition of an executor to approve the division of the inheritance among the beneficiaries as suggested by him, even though they were not the original beneficiaries in the deceased\u2019s will. The court ruled that the requested process fits the language and purpose of the Inheritance Law and the supposed intent and wishes of the testator.<\/p>\nThe petitioner was the executor of the deceased in Australia and he filed a petition to probate the will. The deceased\u2019s last place of residence was Australia, and according to his will the beneficiaries were Israeli institutions. Along with the probate petition, a foreign expert Australian legal opinion was submitted, by which it was made clear that Australian law applies the laws of the country where the real estate property (which is part of the inheritance) is located.<\/p>\n
Subsequently, it was ruled that the Israeli law provisions must be applied to the probate order – in this case the provisions of the Inheritance Law and the relevant interpretations of the law.<\/p>\n
Thus, in order to know what law must be applied to the inheritance in Israel, the court required an Australian foreign expert legal opinion, as required by the Inheritance Law.<\/p>\n
Foreign legal opinion \u2013 real estate deals<\/strong><\/h4>\nBy law, a foreign expert legal opinion must be submitted to the court when discussing real estate deals that involve foreign corporations. As stated, according to clause 10 (B) to the Real Estate Regulations, when executing a real estate deal in which one of the parties is a foreign corporation, a foreign legal opinion is needed in order to register the deal in the Land Registry Office.<\/p>\n
The law states that when one of the parties in the deal is a foreign corporation, documents and certificates must be attached to the bill of sale that prove the existence of the corporation and a certificate of approval from an attorney confirming that the corporation is authorized to carry out the transaction. In addition, a certificate of approval must be attached by an attorney who is proficient in the laws of the foreign country where the corporation is registered, stating that the corporation is qualified to carry out the deal according to the foreign country\u2019s laws.<\/p>\n
Therefore, if one of the parties in the real estate deal is a registered corporation in Melbourne, for instance, an Australian foreign expert legal opinion is required in order to register the deal in the Land Registry Office.<\/p>\n
Generally, a legal opinion is required in real estate deals like these, because there are some countries that do not allow corporations to acquire real estate outside of their territory. Some countries require that real estate transactions such as these are brought for special approval by the authorities.<\/p>\n
Who is a foreign law expert?<\/strong><\/h4>\n
Foreign legal opinion \u2013 wills and inheritance <\/strong><\/h4>\nThe most common cases in which a foreign expert legal opinion is needed are those dealing with the inheritance of a person who lived abroad and left behind property in Israel. This property can be real estate assets as well as bank accounts, pension funds, securities, etc.<\/p>\n
The Inheritance Law states that a court in Israel is authorized to hear the bequest of any person who resided in Israel on the day of their death or left assets in Israel. The Inheritance Law also states that the law of the deceased\u2019s last place of residence applies to the inheritance he or she bequeathed.<\/p>\n
In other words, if an Australian citizen passed away in Australia, and left behind property in Israel, the Israeli family court will need an Australian foreign expert legal opinion regarding the law that applies to the deceased\u2019s assets.<\/p>\n
Therefore, in order to probate the will or obtain an inheritance decree, the beneficiaries must submit an application to the Inheritance Registrar at the place where the bequeathed property is located and attach an expert foreign legal opinion to the application. The Inheritance Registrar will turn the file over to the family court. Based on the court\u2019s judgement, the Australian foreign law expert may be required to testify in court and even undergo cross-examination.<\/p>\n
The phrase \u201cthe deceased\u2019s last place of residence\u201d often raises questions and uncertainty. For instance, consider a businessperson who has bank accounts in Israel, lived in a rented apartment in New Zealand before their death, but were the owners of a house in Australia, in which their children and siblings live. Was New Zealand their last place of residence, or was it perhaps Australia? In such a case, the \u201cmaximum linkages\u201d test will be applied, which will determine which place the deceased was most strongly connected to at the time of their death.<\/p>\n
Several different foreign legal opinions<\/strong><\/h4>\nA foreign legal inheritance opinion does not have to be the only opinion submitted to the Inheritance Registrar. In other words, if there is a disagreement between the beneficiaries, each party is allowed to bring a foreign legal expert as a witness on their behalf. It is very important to choose a foreign law expert who is thoroughly proficient in the foreign law, because many times the party that shows more proficiency will be the one that wins the case. An example of a case in which the court required an Australian foreign expert legal opinion on the subject of wills and inheritances can be found in Inheritance Case (\u05d8\u05d1’) 942-07-09 (executor) v. the Haifa General Power of Attorney.<\/a> The family court in Tiberias accepted the petition of an executor to approve the division of the inheritance among the beneficiaries as suggested by him, even though they were not the original beneficiaries in the deceased\u2019s will. The court ruled that the requested process fits the language and purpose of the Inheritance Law and the supposed intent and wishes of the testator.<\/p>\nThe petitioner was the executor of the deceased in Australia and he filed a petition to probate the will. The deceased\u2019s last place of residence was Australia, and according to his will the beneficiaries were Israeli institutions. Along with the probate petition, a foreign expert Australian legal opinion was submitted, by which it was made clear that Australian law applies the laws of the country where the real estate property (which is part of the inheritance) is located.<\/p>\n
Subsequently, it was ruled that the Israeli law provisions must be applied to the probate order – in this case the provisions of the Inheritance Law and the relevant interpretations of the law.<\/p>\n
Thus, in order to know what law must be applied to the inheritance in Israel, the court required an Australian foreign expert legal opinion, as required by the Inheritance Law.<\/p>\n
Foreign legal opinion \u2013 real estate deals<\/strong><\/h4>\nBy law, a foreign expert legal opinion must be submitted to the court when discussing real estate deals that involve foreign corporations. As stated, according to clause 10 (B) to the Real Estate Regulations, when executing a real estate deal in which one of the parties is a foreign corporation, a foreign legal opinion is needed in order to register the deal in the Land Registry Office.<\/p>\n
The law states that when one of the parties in the deal is a foreign corporation, documents and certificates must be attached to the bill of sale that prove the existence of the corporation and a certificate of approval from an attorney confirming that the corporation is authorized to carry out the transaction. In addition, a certificate of approval must be attached by an attorney who is proficient in the laws of the foreign country where the corporation is registered, stating that the corporation is qualified to carry out the deal according to the foreign country\u2019s laws.<\/p>\n
Therefore, if one of the parties in the real estate deal is a registered corporation in Melbourne, for instance, an Australian foreign expert legal opinion is required in order to register the deal in the Land Registry Office.<\/p>\n
Generally, a legal opinion is required in real estate deals like these, because there are some countries that do not allow corporations to acquire real estate outside of their territory. Some countries require that real estate transactions such as these are brought for special approval by the authorities.<\/p>\n
Who is a foreign law expert?<\/strong><\/h4>\n
A foreign legal inheritance opinion does not have to be the only opinion submitted to the Inheritance Registrar. In other words, if there is a disagreement between the beneficiaries, each party is allowed to bring a foreign legal expert as a witness on their behalf. It is very important to choose a foreign law expert who is thoroughly proficient in the foreign law, because many times the party that shows more proficiency will be the one that wins the case. An example of a case in which the court required an Australian foreign expert legal opinion on the subject of wills and inheritances can be found in Inheritance Case (\u05d8\u05d1’) 942-07-09 (executor) v. the Haifa General Power of Attorney.<\/a> The family court in Tiberias accepted the petition of an executor to approve the division of the inheritance among the beneficiaries as suggested by him, even though they were not the original beneficiaries in the deceased\u2019s will. The court ruled that the requested process fits the language and purpose of the Inheritance Law and the supposed intent and wishes of the testator.<\/p>\n The petitioner was the executor of the deceased in Australia and he filed a petition to probate the will. The deceased\u2019s last place of residence was Australia, and according to his will the beneficiaries were Israeli institutions. Along with the probate petition, a foreign expert Australian legal opinion was submitted, by which it was made clear that Australian law applies the laws of the country where the real estate property (which is part of the inheritance) is located.<\/p>\n Subsequently, it was ruled that the Israeli law provisions must be applied to the probate order – in this case the provisions of the Inheritance Law and the relevant interpretations of the law.<\/p>\n Thus, in order to know what law must be applied to the inheritance in Israel, the court required an Australian foreign expert legal opinion, as required by the Inheritance Law.<\/p>\n By law, a foreign expert legal opinion must be submitted to the court when discussing real estate deals that involve foreign corporations. As stated, according to clause 10 (B) to the Real Estate Regulations, when executing a real estate deal in which one of the parties is a foreign corporation, a foreign legal opinion is needed in order to register the deal in the Land Registry Office.<\/p>\n The law states that when one of the parties in the deal is a foreign corporation, documents and certificates must be attached to the bill of sale that prove the existence of the corporation and a certificate of approval from an attorney confirming that the corporation is authorized to carry out the transaction. In addition, a certificate of approval must be attached by an attorney who is proficient in the laws of the foreign country where the corporation is registered, stating that the corporation is qualified to carry out the deal according to the foreign country\u2019s laws.<\/p>\n Therefore, if one of the parties in the real estate deal is a registered corporation in Melbourne, for instance, an Australian foreign expert legal opinion is required in order to register the deal in the Land Registry Office.<\/p>\n Generally, a legal opinion is required in real estate deals like these, because there are some countries that do not allow corporations to acquire real estate outside of their territory. Some countries require that real estate transactions such as these are brought for special approval by the authorities.<\/p>\nForeign legal opinion \u2013 real estate deals<\/strong><\/h4>\n
Who is a foreign law expert?<\/strong><\/h4>\n