Italian succession law

Italian succession law is based on Roman Law, which gives some protection to close members of the family, partially limiting the right of the testator to dispose of his/her own assets.

Testamentary Succession is defined as the assignment of the hereditary assets in compliance with the wishes of the testator as set out in an Italian Will whereas in the absence of a Will inheritance is devolved following the principles of Legal Succession. Where there is no Will, succession law gives rights to a number of legitimate heirs who have rights to the assets of the deceased. Such heirs are the spouse of the deceased and the relatives identified by the law starting from the closest kin up to 6th degree of relationship.

Italian succession law reserves a significant quota of the inheritance to very close relatives: spouse, ascendants and descendants are all defined as “forced heirs”, meaning that the testator cannot exclude them with their Will. When drafting an Italian Will, the testator is free to dispose of a part of his assets known as “disposable quota”. This allows the testator to assign only a part of their assets to strangers or non-relatives.

Succession law is based on unity of inheritance which highlights the difference between property and non-property assets: the law of the last domicile or citizenship of the deceased party is applicable to non-property assets, while the law of the country where the property is located is applied to property assets. Therefore, properties in different countries will be regulated by the law of the country where each property is located.

The succession procedure is deemed to be closed when all assets, rights and pending payments have been transferred to the rightful heirs either by mutual agreement or as a consequence of judicial proceedings. Agreement of inheritance is then produced in written form and signed by the relevant parties.

De Tullio Law Firm can provide specialist legal services to:

  • Assess your inheritance rights according to Italian law.
  • Give you legal support in order to draft an Italian Will.
  • Claim/recover family properties in accordance with Italian inheritance law.
  • Search for properties, titles, deeds, records.
  • Offer legal support for the sale of inherited properties.
  • Obtain appraisal and or a survey of inherited property from qualified professionals.
  • Determine taxation connected with the inheritance.
  • Obtain a copy of a public Will.
  • Challenge, in the Italian Courts, a Will drafted in conflict with Italian legislation.
  • Manage your probate filing.
  • Register an inherited property in the name of the heirs.
  • Obtain the release of bank account funds connected with an inheritance.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.

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Probate solicitors Italy

Italian probate solicitors

The role of probate solicitors in Italy

Italian probate solicitors assist with the execution of a Will and the legal procedures of Italian inheritance issues. Engaging the services of a competent and knowledgeable lawyer simplifies the administration of an estate.

Having an independent lawyer will assist with collecting all the documentation relating to property, assets and or land. It speeds up the identification and location of the beneficiaries entitled to the estate of the deceased.

An Italian solicitor specialised in the Italian probate procedure can also help in drafting certified translations of documents, appointing a local notary and also following all procedures to ensure that assets are transferred to the name of the entitled beneficiaries with the relevant Italian authorities.Probate solicitors Italy

A solicitor specialised in the Italian probate procedure can advise whether there are any claims or rights to assets and or properties according to Italian Inheritance law. A lawyer can conduct searches for properties, titles, deeds and records and can obtain an appraisal or a survey of a property with the support of qualified professionals, valuing the deceased’s estate for probate purposes and determining if the deceased was subject to debts and liabilities. Advice can be given regarding the procedures for accepting or renouncing an inheritance and the options available according to Italian law.

A lawyer will provide legal support if you need to obtain a copy of a public Will, challenge a Will drafted in conflict with Italian legislation in the Italian Courts, manage your probate, register an inherited property in the name of the heirs or choose to sell inherited properties and or assets.  Probate solicitors are also able to determine taxation connected with the inheritance and  calculate the inheritance tax due.  Where the estate includes a bank account, in connection with an inheritance case, a solicitor can help release the deceased’s accounts ensuring the funds are distributed to the correct beneficiaries.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.

Contact us today. We can help

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