Italian Inheritance Law

Those who have to deal with a complex transnational inheritance case should not despair at all, we have decades of experience in international inheritance law and are happy to be at the heir’s disposal

Italian and International
Inheritance Law

We solve all possible problems in case of transnational or international inheritance issues

An inheritance case may in many cases have points of contact with the Italian law. More and more foreigners, for example, are increasingly owning property and real estate in Italy. Moreover, Italian law can also be applied when an Italian citizen dies abroad. Even foreigners who die in Italy may leave heirs who will have to face prescriptions of the Italian inheritance law.

 

Which Inheritance Law applies?

When an inheritance case abroad arises with implications in Italy, it applies the International Inheritance Law, which establishes which national law is to be applied to the specific case. Moreover, the rules of the Private International Law determine which court of which country has jurisdiction to decide on any disputes concerning inheritance.
There is, therefore, no real International Inheritance Law, but only international rules which determine which country’s inheritance law is to be applied and by which court.

 

Differences between Italian and Anglo-Saxon Inheritance Law

Unlike Italy, for example, the United Kingdom has not adhered to the European Regulation no. 650/12 – also known as “Brussels IV” – which regulates cross-border inheritance, leaving a persistent conflict of law provisions between the two countries on inheritance matters.
Therefore, the United Kingdom (along with Ireland and Denmark) is not part of the inheritance system in force in the countries of the European Union.
Perhaps the most significant divergence between the Italian and Anglo-Saxon systems relates to the rules governing the inheritance shares due to family members, and, in particular, the reserve allowances granted to the spouse of the deceased irrespective of his testamentary dispositions, quotas which are excluded from English law.

Who to contact in case of inheritance in Italy or if part of the inheritance is located in Italy?

As experienced lawyers in international inheritance law, we have a decade of experience in cross-border inheritance matters. In the course of our practice, we have built our expertise in inheritance and any related issues concerning both the person residing in Italy with property abroad and, vice versa, and the person residing abroad with property in Italy.
Generally speaking, the court of the place where the deceased had his last residence has jurisdiction on matters of international inheritance. The law to be applied will be the law of the deceased’s last residence, but the interested person may also choose that his or her inheritance be subject to the laws of the country of which he or she is (was) a citizen.
We deal with any mandate concerning inheritance matters directly and in-person in Rome, Milan, Florence, Naples, or Lecce, but also in Turin, Genoa, Bologna, Pisa, Perugia, Bari, Reggio Calabria, Palermo, Cagliari or other parts of Italy.

Why rely on an experienced professional in the case of international inheritance?

The most common issues in inheritance matters are:

– the identification and tracing of heirs and hereditary assets (who inherits? – what does he inherit?);
– the quota due to each of them (how much does he inherit? – are there persons entitled to a reserved share?);
– identification of kinship ties recognized by the inheritance law (natural children, adoptions, de facto couples).
– the fulfillment of all legal and bureaucratic formalities connected with the inheritance (including translations and certifications) and the management of inheritance tax issues.

If you are looking for an English-speaking lawyer to deal with your inheritance matters in Milan, Florence, Rome, Naples or Lecce, and also in Turin, Genoa, Bologna, Pisa, Perugia, Bari, Reggio Calabria, Palermo, Cagliari or any other part of Italy, contact us.

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