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Basic Principles of Italian Succession Law by DE TULLIO LAW FIRM
Italian inheritance law is based on the Roman Law tradition, and it aims at protecting close members of the family, partially limiting the right of the testator to dispose of his/her own assets."
"Testamentary Succession" can be defined as the transfer of hereditary assets in compliance with the decisions of the testator, as set out in an Italian Will.
In absence of a Will, the assets are assigned following the principles of the Legal Succession. The Italian Civil Code indicates a number of subjects (defined as "legitimate heirs") who take over the assets of the deceased. Such heirs are the spouse of the deceased and the relatives identified by the law (from closest relatives to 6th degree of kinship). In simple terms, lacking a Will, the Italian legislator decided to advantage family members rather than other parties. In absence of relatives within the 6th degree of kinship, the inheritance is devolved to the Italian State.
The principles of testamentary and legal succession cross merge the principle of "necessary succession".
The Civil Code reserves to very close relatives (spouse, ascendants and descendents, defined as "forced heirs") an important quota of the inheritance that the testator cannot prejudice with his/her Will. In such a way the legislator determined to protect close family members by preventing the testator from the possibility of completely excluding them from the inheritance. It is also essential to remember that married partners and separated partners have exactly the same rights. The same is not true for divorced partners: with the divorce all inheritance rights are terminated.
When drafting an Italian Will and Probates, the testator is free to arrange a part of his/her assets, defined as "disposable quota" (in contrast with the "reserved quota" assigned to close relatives). In short the wish of the testator to assign his/her assets to beyond closest relatives is accepted by the law, but it is partially limited. An Italian Will infringing on the rights of the "forced heirs" is not necessarily invalid. Such a Will is enforceable unless it is challenged in Court by the "forced heirs" through legal action called, abatement of the inheritance.
In order to be eligible to draft an Italian Will the testator should be at least 18 years old, be the legal owner of the assets in the Will, and of sound mind. After the death of the testator the Will must be published with the support of an Italian Notary Public. Subsequently the heirs will be in the position to proceed with the Italian Probate (Denuncia di Successione - Wills and Probates). This should be executed within one year after the testator's death. Once this procedure has been completed, it is possible to change the title of ownership of the Italian assets (Voltura).
If you need further information concerning Italian inheritance law ( italian-inheritance-law-basics) please feel free to contact our offices. If you are the heir of an estate, we can assist you during the publication of the Will, the probate and the payment of any inheritance tax that may be applicable. We can also assist with the formal acceptance of the inheritance.
Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.
About the Author
De Tullio Law Firm is an international law firm specialized in Italian cross border real estate transactions, and Italian inheritance law. Along the years, it has gained a wide experience in the real estate field, as well as providing assistance with wills & probates, EU law, litigation, arbitration, taxes and corporate law.
De Tullio Law Firm is listed on the British and American embassies websites, and contributes as legal expert with several publications.
On our website you will find plenty of information about Italian property, as well as articles about Italian inheritance law and foreign married couples. Two guides to Italian properties are available for download
