Are joint wills and inheritance contracts recognised in Canada?

All Canadian laws recognise a will as the written disposition of only one person. Inheritance contracts are not mentioned anywhere. This does not mean that joint wills validly executed outside the provinces or territories are not recognised. However, the establishment of a joint will in Canada is not recognised by law.

In the practice of Canadian law, the joint will, which is so popular in Germany, is replaced in Canada by the instruments of the estate planning,The will is replaced by a contract in favour of third parties and by gifts. The Berlin will, which is common in Germany, is therefore only recognised in Canada as a joint will: joint wants), but not as a reciprocal and binding will. However, this means that the meaning and purpose of the Berlin will is regularly negated. This should be taken into account when planning your estate. If you have any further questions, your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk, is at your disposal.