Posts

Testamentary Succession in Italy

Reading Time: 2 minutes

testamentary successionItalian inheritance law dates back to the Roman Law tradition. It is based on the principle that the deceased’s close family members merit special protection. This partially limits the right of the testator to dispose of assets entirely as he/she wishes.

Testamentary succession can be defined as the assignment of hereditary assets, the estate, of a deceased testator in compliance with the decisions of the testator as set out in an Italian Will. A Will is a legal document drafted and signed by the decedent through which disposal of an estate is determined following death. Read more

Do you, or your family, own Italian assets?

Reading Time: 3 minutes

Italian assetsIf you, or your family, own Italian assets, it is advisable to research and prepare for the future of those Italian assets. You can watch our short video on this subject here: http://bit.ly/1VDqOnY

Inheritance and probate laws vary from country to country and it is unlikely that the Italian assets will be subject to the same procedures and laws as the assets at home. Read more

Power of Attorney

Reading Time: 3 minutes

ImmagineAs a solicitor, I am often engaged to act on behalf of my clients in very important legal matters. My clients trust me, my knowledge and experience to handle their affairs by giving me a Power of Attorney. You may have heard of a Power of Attorney, but do you know exactly what its purpose is or when it is used?

In order to shed a little light on the subject, here are a few basic facts about a Power of Attorney together with the legal ramifications as they pertain to purchasing and/or inheriting real estate property in Italy Read more

Cross-Border Inheritance Law (Brussel IV)

Reading Time: 4 minutes

Cross-Border Inheritance Law. How Does New EU Succession Legislation Impact You?

This article looks at the new EU Law 650/2012, also known as the Brussels IV Regulation, which came in to effect on 17th August 2015.

Although the UK, Denmark and Ireland have opted out of participating in Brussels IV, there are still implications for nationals of these countries who reside in a participating EU Member State or have a connection to a participating EU Member State, for example a holiday home.

Cross-Border Inheritance LawPrior to the introduction of Brussels IV, each EU jurisdiction applied its own rules to govern the devolution of individuals’ property. For individuals with assets in more than one country, various Connecting Factors were considered such as domicile, residence, nationality or habitual residence, in order to determine which country laws should apply to an individual’s estate. In addition, for some EU states, applicable succession law depended upon whether the assets were immovable (property and land) or movable (bank accounts, vehicles, furniture, jewellery and so on). The fact that each jurisdiction applied different Connecting Factors often led to costly, lengthy and complex conflicts of laws. Read more

Unclaimed Italian Properties: Overview

Reading Time: 2 minutes

What does ‘Unclaimed Italian Properties’ mean? Between 1861 and 1985 over 29 million Italians emigrated to other countries. About 18 million permanently settled abroad, predominantly in the UK, USA, Canada, Australia and Argentina. In 2011, there were 4,115,235 Italian citizens living outside Italy and several tens of millions of descendants of Italians, who emigrated in the last two centuries.Unclaimed Italian Properties

When Italian emigrants went abroad, they often left property and land in Italy. It is a myth that this property was confiscated by the Italian State. The reality is that the property is still here in Italy, unclaimed, and the original owners, deceased many years ago, are still on the title deeds. There are many thousands of these properties and parcels of land across Italy and in many cases the descendants of emigrants living outside Italy could still claim them. Over the years, I have been contacted for help and advice by many descendants of Italian emigrants who want to find their ancestors’ property in Italy. In some cases, people come to me after spending considerable time, and substantial amounts of money. Read more

Inheritance Matters

Reading Time: 2 minutes

Inheritance MattersInheritance matters. There is a gentle parody currently doing the rounds. Allegedly, the late lamented Italian novelist, philosopher and interpretive semiotician Umberto Eco has left a Will that neither his lawyers nor beneficiaries can decipher.

Obviously a Will should be accurate, concise and straightforward. Even if your life is highly complex, an experienced lawyer should be able to make sense of your legacies. Read more

Italian inheritance law regulation

Reading Time: 2 minutes

What are the principles at the basis of Italian inheritance law?

The law n.218 of the 31st of May 1995 regulates the field of Italian inheritance law in the framework of international private law.

The succession rules are determined on the basis of the national law of the deceased party at the moment of his death.italian inheritance law

The Italian legislator adopted the principle of “unity of inheritance”. This principle differs substantially from the one adopted in common law countries. It is based on the separation between non-property assets and property assets: to non-property assets the law of the last domicile or last citizenship of the deceased party is applicable, and to property assets the so called “lex rei sitae” (law of the country where the property is located). One of the most important consequences is that, if the hereditary asset includes properties located in different states, the succession of each single property could be regulated by the law of the country where the property is located.

The law regulating the succession is the national law of the deceased at the time of his death. The Italian rules on conflict of laws consider the possibility that the national law of a deceased foreigner might defer to the law of another country. Such deferment is effective only if the law of the third State accepts the deferment. Here is a practical example: if a British citizen before his death left some properties in Italy, the succession will be regulated by the British law. But following the British “conflict law” the law applicable to properties should be the “lex rei sitae (law of the country where the property is located), that is/viz., the Italian inheritance law.

The testator has the right to submit his succession to the law of the country where he resides. Such choice has to be formally expressed in a will and shall not be prejudicial of the rights that the Italian law provides for the so called legittimari” ( members of the family who have the right to receive a fixed part of the property of the deceased even against the will) who are resident in Italy at the moment of death of the deceased.

It is highly advisable to draft an Italian will assisted by your Italian  inheritance lawyer in order to limit the consequences of the “legal succession”. The “legal succession” applies where the deceased has not left a will, in such case the Italian law determines which relatives of the deceased have a right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In case of lack of heirs, according to the Italian inheritance law, the hereditary assets present in Italy would be assigned to the Italian State.

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.

See Inheritance FAQs >>

Contact us today. We can help.

See other articles >>