Italian law in regards to inheritance.anyone know anything and would you go for it?

delta4

I was born out of wedlock 35 years ago and my real father never was on my birth certificate. I have now come to know what I always knew but never bothered as I speak to my half brother and sisters and dont want to upset them but in Italy by law I am allowed to some of my deceased father land and houses. I have no idea whether he left a will or not but his family were well off.

Each of my brothers and sister have an apartment and also he had land worth some money. My mum side of the family tell me to hire a lawyer in Italy and get what is rightly mine. How does this work in England? And also would you do it? I mean I know they will turn away from me because they each got property.I never had anything or my father around but it does not bother me but now I am thinking more that is might be my right?

Any

Are the brother and sisters in first paragraph the same siblings as in the second?

delta4

yes same I have 3 half brothers and sisters from my fathers side who all have a share of property. He died 20 years ago suddenly so doubt he left a will. not sure but looking into it.Italian law has changed to give people like me the same rights as his children from the marriage.

Any

So are you close to that side of the family? Did your father admitt you as his son and present you in such a way?
Personaly I think you ARE one of them if he did.. if there was no will specifying you shouldn't get anything (ie only specifying other recipients) then fair enough, but otherwise the only thing stopping your share was law prohibiting/punishing out of wedlock children..

lostinrates

My husband is a lawyer and Italian. It's telling he did not persue a far more transparent claim through the courts for his own benefit.

I have no idea what the time limit is for bringing cases like this, but I can tell you it will take a VERY long time, be arduous and probably acrimonious.


I would speak to a lawyer at a uk based Italian law firm. There is a choice (I nor my husband are connected to any firm listed so far as I can see http://www.google.co.uk/search?q=italian+law+firm+london&ie=UTF-8&oe=UTF-8&hl=en&client=safari. There will be a fee most liekly and it may just strengthen resolve NOT to go for it or that is not possible, or twll you it is but what your chances are.

these things can eat away at you but personally, I would let it go. (we are in the middle of a case against our old landlord in italy that has rumbled on for about five years now, and it's very, very much simpler!)

hardpressed

How are you going to prove he was your birth father if he is not named on yur birth certificate. Did he acknowledge you as such?

Dunroamin

delta4 wrote: »

yes same I have 3 half brothers and sisters from my fathers side who all have a share of property. He died 20 years ago suddenly so doubt he left a will. not sure but looking into it.Italian law has changed to give people like me the same rights as his children from the marriage.

Do those changes apply retrospectively?

delta4

lostinrates wrote: »

My husband is a lawyer and Italian. It's telling he did not persue a far more transparent claim through the courts for his own benefit.

I have no idea what the time limit is for bringing cases like this, but I can tell you it will take a VERY long time, be arduous and probably acrimonious.


I would speak to a lawyer at a uk based Italian law firm. There is a choice (I nor my husband are connected to any firm listed so far as I can see http://www.google.co.uk/search?q=italian+law+firm+london&ie=UTF-8&oe=UTF-8&hl=en&client=safari. There will be a fee most liekly and it may just strengthen resolve NOT to go for it or that is not possible, or twll you it is but what your chances are.

these things can eat away at you but personally, I would let it go. (we are in the middle of a case against our old landlord in italy that has rumbled on for about five years now, and it's very, very much simpler!)

Yes I know it will take a while and I know all about how hard the law is in Italy! my uncle is battling a court order for other stuff. the time limit does not bother me.

It is not something I can let go of without trying, having thought a lot of it and especially as I never asked for him to be my father and the siblings each have an apartment it is the principle that I should have the same right.Said by lawyer.
I would have agreed with you a few months but looking into and talking to others with this new law in place, it cannot hurt to see what happens.

As for proof, Lawyer said by DNA and it is possible and I spoke to one today and he won a guy in the next village a share in the estate too.

I understand what you are saying believe me, but I have decided to look into it.

Good luck with your case too.

mountainofdebt

You say you get on with your half brothers & sisters then be prepared to upset them if you decide to persue this.

tyllwyd

If you decide to go to court, who will be paying your costs? Can you afford it?

Mojisola

delta4 wrote: »

I never had anything or my father around but it does not bother me but now I am thinking more that is might be my right?

What's changed to make you feel that you should pursue this now?

After 20 years of it not bothering you and risking the relationship you have with your half-siblings, is there something else behind it?

By rights, yes, you should have had an inheritance from your father but think very carefully about how much it will cost you to try to get something now - both financially and emotionally.