ITALIAN INHERITANCE LAW
A useful guide provided by the law firm of:
GIANCOLA TETI & ASSOCIATI
MILAN & PESCARA
There are three scenarios that describe variations on the theme of succession:
Legal succession (also know as Intestate Succession)
Legal succession applies where the deceased has not left a will. In this case, it is Italian law that establishes who is to inherit the deceased persons estate. Successors in title (children or grandchildren) or other relatives in the ascending line (parents or grandparents) up to the sixth degree may participate, including illegitimate children.
Testamentary Succession (deceased with a will)
Testamentary Succession applies when the deceased leaves a will in which the heir receives the distribution of assets as mandated by law. The rights of the heir are also indefeasible by law. The will must be drawn up in writing (an oral will is not valid) and can be revoked at any time.
Succession by necessity (non - conforming) will
Succession by necessity recognises and redirects a misappropriation by the deceased of the estate. In this case, the law recognises the obligatory rights of successors to shares in the estate, even if the deceased did not provide for them.
Note: Giancola Teti & Associati is a full-service law firm specialising in business and foreign investment in Italy, banking and insurance, property development and investments, Land Uses and Zoning, Real Estate, State Local and Municipal Law, Trust, Taxation, International Law, Estate Planning, Divorce, Immigration Law, Business and Commercial, Criminal Law, Franchising, Mediation and Collaboration Law, Probate and Estate.
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