Inheritance procedures in Italy. Inheritance Lawyer in Italy, Italian inheritance law. Registration of inheritance rights in Italy.
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Whether you are an Italian citizen or a foreign national, understanding the inheritance framework and seeking professional guidance can simplify the process.
Inheritance in Italy: Inheritance lawyer in Italy
Inheritance laws in Italy can be complex, especially for those unfamiliar with the country's legal system. Inheritance lawyers in Italy provide expert services in inheritance law.
In Italy, the law of succession is governed by the Civil Code, which outlines the rules for inheritance, including who can inherit, what can be inherited, and how assets are distributed. Italian inheritance law is based on the principle of forced heirship, ensuring that certain family members receive a mandatory share of the estate.
An inheritance lawyer in Italy provides full legal support with inheritance procedures in Italy:
- Legal consultations on inheritance law in Italy.
- Preparing and filing legal documents for registering inheritance rights.
- Representing clients in inheritance disputes, including contested wills or forced heirship claims.
- Advising on inheritance taxation in Italy, including liaising with tax authorities.
Navigating inheritance in Italy requires careful attention to legal procedures and potential cross-border complexities. Consulting an experienced inheritance lawyer ensures your rights are protected and the process proceeds efficiently.
Steps to register an inheritance in Italy:
- Obtain the Death Certificate: Begin by acquiring an official death certificate from the relevant authorities.
- Verify the Will: Validate any existing will. Foreign wills may require translation and formal recognition under Italian law.
- Open the Succession Procedure: File a declaration of succession ("dichiarazione di successione") with the Italian tax authority (Agenzia delle Entrate). This document details the deceased’s assets and liabilities.
- Pay Inheritance Tax: Inheritance tax must be calculated and paid within 12 months of the death. The rate depends on the heir's relationship to the deceased and the estate’s value.
- Transfer Ownership of Assets: Update property deeds, bank accounts, and other records to reflect the heirs’ names.
In Italy, inheritance encompasses all the deceased’s assets and liabilities, including real estate, bank accounts, securities, personal belongings, and businesses.
Categories of heirs recognized under Italian law:
- Legitimate Heirs: Includes children, grandchildren, and great-grandchildren, as well as the spouse in certain circumstances. Children are entitled to half the inheritance, while the remaining portion is divided among the spouse and other legitimate heirs.
- Illegitimate Heirs: Children born out of wedlock have inheritance rights, which may be clarified or enforced by the court if contested.
- Adopted Children: Have the same inheritance rights as legitimate children.
- Collateral Relatives: Includes siblings, nieces, nephews, and cousins. The court determines their share based on their degree of kinship with the deceased.
- Partners in Civil Unions: Under Law No. 76 of May 20, 2016 (Cirinnà Law), partners in civil unions have inheritance rights equivalent to those of married couples. This includes the right to a reserved portion of the estate and tax benefits.
In Italy, the distribution of inheritance is governed by the law of succession. The law sets out specific rules for how inheritance is distributed based on the category of heirs.
Key principles of inheritance law in Italy:
- Forced Heirship: Protects specific heirs, including spouses and children, ensuring they receive a statutory share of the estate ("legittima"), regardless of the will.
- Testamentary Freedom: While individuals can draft a will, the rights of forced heirs must be respected. Wills that violate these rights can be contested in court.
- Applicable Law: The inheritance laws applicable to a deceased’s estate depend on their habitual residence and nationality. Foreign nationals may choose to apply the laws of their home country if specified in a will.
- Intestate Succession: In the absence of a will, Italian law dictates how the estate is distributed among relatives.
Inheritance with a Foreign Element. Lawyers assist with cases involving cross-border elements, such as: An heir living in Italy while the inherited property is located abroad, or vice versa. The testator living in one country while the heir resides in another. Estates located in multiple countries. Heirs residing in different jurisdictions. Inheritance lawyers in Italy provide qualified legal assistance to ensure the proper transfer of assets, whether in Italy or internationally.
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