Succession rules in Italy

ttanu84

Good morning, I am new on the web site and I hope there is someone who can help me...I am not sure if the topic suits the usual discussions on this forum. Anyway I try, since I need actually an important advice...So, my father who is Italian – I am English – told me that no property would have been transmitted to me after his death :eek:– he divorced from my mother and has 3 other children. I know I should consult a lawyer or someone who can give me a professional advise, but I would also like to hear from common people, if someone could give me some suggestions....Thank you very much!

PasturesNew

Surely if he wrote a will you'd get whatever he wanted you to have.... so I presume maybe he was telling you he hadn't left you anything. If he wanted to leave you something he'd have written that in a will, as he obviously understands what happens if he dies without writing one.

What's the big deal about inheriting nothing? Thousands of people do it every year.

My aunt gave her £500k estate to her neighbour, nothing to family. Nobody cried.

googler

Is your father still alive? It's not clear from your post.

tyllwyd

You need to get advice from someone who can advise on Italian law, because I believe it is quite different to English law.

I think that in Italian law some inheritance must pass to the 'forced heirs' which include children. I'm not sure if that changes if your parents are divorced, but I don't see why it necessarily would.

I don't know enough about it, but don't take your father's word for it, do some digging yourself, he might be trying to put you off so that you don't come forward with a claim.

Edited to say, having read the post underneath - I am assuming that your father lives in Italy, he is still alive at the moment, and the property you are talking about is in Italy?

alezzandro

does your father live in Italy? and does he own a property at all? If the property you are referring to is in your mother's name, then he simply does not own it (but you might still be eligible from your mum's side).

as a last resort, have you tried asking him what he meant? ;-)

ttanu84

[FONT=&quot]Thanks everybody for replying! Yes, my father is still alive, and lives in Italy, yes. And I know there are so many similar casesin the world today..but do you think is fare that we (my mother and me) have been completely forgotten by this man, who just takes care of his new family?? I think I have the same rights of these new children...even though he seems to have forgotten that point as well, since he does not care even about my needs, expenses, medical cares, etc...I do not know if I am clear in what I mean..In a certain way I do not feel recognized in my personal rights then he is referring to his own properties, I think..I presume he cannot rule for my mother's properties..I hope so at least! I know I should get in contact with some one more expert..I am just wondering if anyone had (unfortunately) a similar case..
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ILW

Under UK law, you can leave your own property to anyone you like (There are some exclusions for dependents). Not sure why OP appears to think they have a right to inherit.
I do know of one very well off man who is leaving nothing to his children as he fears it will make them lazy and they should find their own way in life as he did.

poppysarah

ttanu84 wrote: »

[FONT=&quot]I think I have the same rights of these new children...even though he seems to have forgotten that point as well, since he does not care even about my needs, expenses, medical cares, etc.
[/FONT]

If he is alive then discuss it with him.

How old are you?

tyllwyd

ILW wrote: »

Under UK law, you can leave your own property to anyone you like (There are some exclusions for dependents). Not sure why OP appears to think they have a right to inherit. ...

Yes, but the OP's father is Italian and living in Italy, so on death his property will pass under Italian law, which you can't assume is the same as UK law.

rpc

ILW wrote: »

Under UK law, you can leave your own property to anyone you like (There are some exclusions for dependents). Not sure why OP appears to think they have a right to inherit.
I do know of one very well off man who is leaving nothing to his children as he fears it will make them lazy and they should find their own way in life as he did.

ITYM English Law. Under Scots Law, spouses, civil partners and children have legal rights to the estate that cannot be denied by a will. They do not have to claim these rights, but they cannot be denied.

I think the answer to the OP is to find someone that knows Italian law and a primarily British website is not the best place for this. If you dislike him that much, better to keep him out of you life perhaps?

deary65

Post your question here, some lawyers post on this English/Italian site:
http://www.italymag.co.uk/community/