Expert representation for our clients in the Inheritance and Wills system
We understand the complexities of these legal processes and have successfully resolved numerous cases for our clients. Here is how we handle it.
The Italian Inheritance and Wills System
Foreign citizens may be subject to Italian inheritance laws under several circumstances: when they inherit assets located in Italy, are residents in Italy, or hold dual citizenship. In general, Italian succession law governs disputes involving assets situated within Italy. This framework is largely influenced by the European Succession Regulations, which extends its provisions to individuals who may be affected by inheritance matters under Italian jurisdiction, and also by the rules of the Private International Laws of the Country of origin.
Generally speaking, in Italy there are several limits for succession. Italian inheritance law (the regulation can be found at the Italian Civil Code) follows the principle of forced heirship (also know “reserved quota“), which ensures that immediate family members – namely the spouse and children – are entitled to a portion of the estate. These individuals, known as forced heirs, have a legal right to this share. While the testator (the person who has passed away and left a valid will) has the discretion to allocate the remaining inheritance as they see fit, the proportions of the reserved quota are fixed by law and cannot be altered.
This said, there are two types of inheritances by the law, they are the following:
1) Inheritance without a will.
This situation arises when an individual passes away without a will. In these cases, Italian inheritance laws dictate specific quotas for immediate family members, including the spouse, children, and even parents.
2) Inheritance with a will.
This occurs when a person passes away leaving behind a will in which they have allocated certain assets prior to their death. The testator (the individual who has passed away leaving a valid will) has the authority to determine how the remaining estate is distributed among heirs. However, the proportion of the reserved quota for forced heirs cannot be altered.
At the same time, the testator cannot simply disinherit immediate family members or leave them less than is mandated by law. Only in exceptional circumstances – such as instances of violence or threats of violence against the testator – can a rightful heir be legally disinherited. In all other cases, immediate family members (forced heirs) are entitled to inherit the minimum shares prescribed by law.
What does this mean? If the testator distributes the assets in a manner that violates legal requirements, rightful heirs can request compensation for any shortfall from the available estate. They may seek to recover the difference from other heirs who have received more than their legally mandated reserved quota.
Be the succession with or without a will, by the law heirs are required to submit a declaration of succession to the Italian Revenue Office (Agenzia delle Entrate) within one year of the de cuius’ (deceased person’s) passing. Failure to do so results in escalating fines for each additional year of delay. The declaration of succession is a mandatory document that facilitates the transfer of the deceased’s assets to the heirs and enables the Agenzia delle Entrate to calculate the taxes owed by the heirs.
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SuCCESSION PROCESS AND RELEVANT STEPS
We will initiate the succession process, liaise with Italian authorities, collect necessary documents, estimate inheritance taxes, and determine the estate’s value for potential sales, mediations, or other transactions.
Additionally, we will carry out investigations if you suspect unclaimed assets or believe that someone has unlawfully interfered with your share of the estate. These investigations help identify missing or misappropriated assets, providing the evidence needed to claim what is rightfully yours.
Supporting Executors and Heirs
Whether you are an executor tasked with carrying out the terms of a will or an heir navigating the estate distribution, our lawyers provide expert guidance every step of the way. We help executors fulfill their duties, from asset management to ensuring distributions align with the will or, in the absence of a will, the laws of intestacy. In the event of conflicts between heirs or beneficiaries, our team is skilled in mediation to resolve disputes swiftly and fairly.
Guiding You Through the Probate Process
The probate process can be overwhelming, involving intricate legal paperwork, court filings, and strict deadlines. Our lawyers are here to manage the entire process on your behalf, ensuring that the estate is administered in accordance with the law. We work diligently to identify, secure, and distribute the assets of the deceased, ensuring that nothing is overlooked.
Drafting a Legally Sound Will
Creating a will is essential for securing your legacy, and a lawyer plays a vital role in ensuring that it is both clear and legally binding. Our team will draft a will that minimizes any potential for disputes, preventing costly misinterpretations. We ensure all legal formalities – such as proper witnessing and signing – are meticulously followed, protecting your wishes from any future challenges.
PROPERty sales and rentals legal services
Once your inheritance case is finalized, we can assist with selling the property and dividing the proceeds among all heirs. We will coordinate with real estate agencies to assess the property’s value and negotiate a sale. We will also appoint necessary professionals, including notaries, technicians, and engineers. Additionally, we will gather essential documents, such as urban planning permits.
REAL ESTATE MANAGEMENt legal services
It is crucial to ensure that your assets are properly preserved, managed, and distributed in the event of a cross-border succession. Engaging an experienced Italian Lawyer with the intricacies of the Italian legal system is essential. Inadequate knowledge and planning can lead to costly tax issues, poorly drafted wills, and inefficient real estate structures, all of which can complicate the inheritance process.
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