Succession rules in Italy

martindow

This site

http://www.delgiudice.clara.net/ENG/inheritance.htm

suggests that Italian wills are invalid if they attempt to cut out close relatives

DeTullioLawFirm

Good morning everybody,
dear ttanu84 I am quite sorry about your experience, but if it can be of any comfort, you are not alone in such a situation anyway do not despair, I do not think what your father is aiming at is not feasible according to Italian Law. I will be more clear:

Italian inheritance law is based on the Roman Law tradition, which gives some protection to close members of the family, partially limiting the right of the testator to dispose of his/her own properties.
If there is no Will, the assets are transmitted according to the principles of the Legal Succession. In that case the Italian Civil Code indicates a number of individuals (called, legitimate heirs), who are eligible to inherit the assets of the deceased. Such heirs are the spouse of the deceased and the relatives, who are recognized by the law from the closer ones up to the 6th degree of connection. In other words, in absence of a Will, the Italian legislator benefits family members rather than other parties. Whereas married partners and separated partners still hold the same rights, with the divorce all rights cease.

Moreover you should take into account that the Italian Civil Code reserves to very close relatives (spouse, ascendants and descendents defined as “forced heirs”) a significant part of the heritage that the testator cannot prejudice with his Will. In such a way the legislator protects close family members preventing the testator from the possibility to exclude them completely from the inheritance. In case the Will infringes the rights of such “forced heirs”, those people are entitled to appeal to the Court.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.