A notable case involving the acceptance of inheritance in the Italian legal system unfolded in 1998 when the will of a man who had died in 1983 was discovered 15 years later (Court of Cassation, II Civil Section, sentence of January 18, 2013 n. 264). The will named a sole heir who had been previously unaware of his inheritance. This heir proceeded to sue the two brothers of the deceased who had inherited the assets in 1983 via legal succession and who had no knowledge of the will’s existence.
The initial court ruling, as well as the Court of Appeals, rejected the claims of the alleged sole heir stating that the ten years wherein inheritance can be claimed had elapsed (art. 480 Italian civil code regulating the acceptance of inheritance).
The heir named in the will then appeared in the Court of Cassation, but was rejected there as well, with the court observing that subjective impediments or ignorance of one’s right does not supercede the law.
On this occasion, the court reiterated a consolidated principle of law whereby the ten-year term of acceptance of inheritance is aimed at pursuing the certainty of legal situations, crystallizing the heirs and related rights.
The law seeks to grant specific protections to those who have accepted inheritance within ten years of the opening of succession. Consequently, lack of knowledge of a will’s existence does not ensure protection under the law.
But how does a rightful heir accept inheritance in Italy? There are two ways to go about it under Italian law. Express acceptance takes place when the heir makes a formal statement, usual by way of legal documentation and authenticate signature, to a notary or court registrar. Tacit acceptance is the other way to accept inheritance. This transpires when the heir acts as legal owner of the asset, even if the formal statement didn’t occur.
Whether it is done expressly or tacitly, the Court of Cassation’s ruling demonstrates the law’s lack of flexibility on the ten-year rule. My Lawyer In Italy can help you better understand how succession in Italy works. Call us today for a free consultation.
And read more about how to avoid falling into common mistakes due to the lack of knowledge of Italian Inheritance law.