What Steps Are Necessary to Address International Legal Issues?

When dealing with international legal issues, such as managing an inheritance with assets in multiple countries, it's essential to approach the process systematically to ensure compliance with local laws and respect the deceased's wishes. Below are the key steps to address these complexities effectively:

 
1. Determine Jurisdiction and Applicable Law
Identify the Governing Law:

Understand whether German or Thai inheritance law applies. This often depends on:The deceased's country of residence (habitual residence).
The location of the assets.
Any choice of law specified in a will (if applicable).
Example: If the deceased lived in Thailand but held German citizenship, Thai law might govern immovable property in Thailand, while German law could govern other assets.
Consult with Legal Experts:

Engage inheritance lawyers experienced in both German and Thai law to clarify jurisdictional questions and applicable legal frameworks.
 
2. Compile Essential Documentation
Gather Key Documents:

Death certificate.
Will or testament (if available).
Marriage certificate or proof of relationship.
Asset-related documents, such as bank statements, property deeds, or investment records.
Ensure Translation and Legalization:

Translate all documents into the required language (e.g., German for Germany or Thai for Thailand).
Obtain an apostille or legal certification for international recognition.
 
3. Initiate Probate in Relevant Jurisdictions
In Germany:

Submit the will to the local probate court (Nachlassgericht) and apply for an inheritance certificate (Erbschein).
If no will exists, the court will follow intestate succession laws to determine heirs.
In Thailand:

If Thai assets are involved, consult with local legal professionals to determine the necessary steps for probate or property transfer.
Coordinate Across Jurisdictions:

Work with lawyers or legal representatives in both countries to streamline the probate process and prevent delays.
 
4. Address Tax and Financial Obligations
Inheritance Tax in Germany:

Calculate and pay inheritance tax (Erbschaftsteuer) if applicable.
Be aware of tax exemptions and rates based on your relationship to the deceased.
Compliance in Thailand:

Report the receipt of inherited funds or property to Thai authorities, as required.
Seek Cross-Border Tax Advice:

Consult with tax professionals to avoid double taxation and ensure compliance with international tax treaties.
 
5. Facilitate Asset Transfer Between Countries
Bank Transfers:

Provide banks with the necessary documentation, such as an inheritance certificate, to access and transfer funds.
Comply with anti-money laundering (AML) regulations in both Germany and Thailand.
Property Ownership:

Complete legal procedures for transferring property ownership, considering local restrictions (e.g., foreign ownership limitations in Thailand).
 
6. Handle Family and Beneficiary Relations
Engage in Transparent Communication:

Keep all beneficiaries informed about the progress of the estate settlement to avoid misunderstandings or disputes.
Resolve Conflicts Amicably:

If disagreements arise, consider mediation or legal assistance to uphold the deceased’s wishes while maintaining harmony.
 
7. Work with Professionals Specializing in International Law
Hire Dual-Jurisdiction Experts:

Engage lawyers, notaries, or estate planners who are familiar with both German and Thai legal systems.
Seek Financial Guidance:

Work with financial advisors who can help with asset valuation, tax planning, and transfer logistics.
 
8. Plan for Future International Challenges
Anticipate Delays:

International processes often take longer due to bureaucracy, translations, and differing legal standards.
Maintain Records:

Keep organized records of all correspondence, decisions, and transactions for future reference.
 
Conclusion
Navigating international legal issues requires meticulous planning, expert guidance, and clear communication. By understanding the legal requirements of each country, coordinating with professionals, and ensuring transparency with all involved parties, you can honor your partner’s wishes and successfully manage the complexities of cross-border inheritance.