Inheritance law

The Firm assists its Clients in inheritance procedures in Italy

The Firm regularly deals with hereditary issues and can:
– assist Clients in the inheritance process and in the management of real estate,
– handle disagreements between heirs,
– advise their Clients in case of reduction, return and simulation actions,
– planning generational business transfers, also through acts of protection of assets,
including the transfer of real estate in trusts,
– deal with hereditary divisions,
– provide advice in matters of wills, including the assessment of the challengeability of the
act on grounds of invalidity or infringement of the unavailable portion of the estate (unlike
other legal systems, Italian legislation provides that, on the death of a person, part of his /
her property must be transferred to certain members of the family, generally the surviving
spouse and children in predetermined percentages),
– keep holographic wills in custody,
– act as executor of the will.
Italian law recognises an international will as valid, but foreign citizens are advised to
make a will in Italy if they:
– lives permanently in Italy,
– has a real estate property (house, apartment or land) in Italy.
Otherwise, the heirs of a foreign testator may encounter considerable difficulties in executing their will in Italy.
Before any property can be distributed and any will executed, the will must in fact be authenticated by an Italian Notary Public who may have difficulties in resolving conflicts between foreign and Italian law, in advising heirs and/or in preparing appropriate documentation for the transfer of assets.
The preparation of an ad hoc will for the wreckage estate in Italy avoids, as far as possible, the risk of conflicts between heirs and reduces the statutory taxes due (overall, therefore, the costs of executing the will are likely to be lower).