Unlike probate processes in some countries, Italian inheritance doesn’t automatically transfer ownership of assets directly to individual heirs upon the decedent’s passing. Instead, the process typically involves a declaration of acceptance of the inheritance by the heirs. However, once the legal formalities are concluded, the heirs become co-owners of each and every property within the […]
Tag: heirs
Joint Inheritance: A Recent Ruling by the Italian Supreme Court
Recently, the Italian Supreme Court (Corte di Cassazione) ruled on a complex case of joint inheritance, providing important clarification on the legitimacy of legal action by individual heirs. The case began with the death of one of two business partners. The surviving partner, without involving the deceased partner’s heirs, registered all the company assets in […]
Invalidity of Agreements Waiving Future Inheritance Rights: A Recent Supreme Court Decision
The Italian Supreme Court recently reiterated that agreements in which parties waive their future inheritance rights are invalid under Italian law. In the case examined by the Court, the agreement was particularly insidious because it initially did not appear to violate the law. However, the Court identified and sanctioned it. Here are the facts. Upon […]
Paternity test ruled admissible, despite alleged father being deceased
The case in question involves a relationship between a wealthy man and his secretary and director of domestic staff, which resulted in a daughter being born but never recognized as the man’s child. In 1953 the man died and shortly thereafter his only heir passed away aswell. The gap between deaths was in fact so […]
How suppressing a will can lead to being excluded from succession
The court outlines two conditions for this sanction to be applied: b) the voluntary destruction of a will. In cases where an heir is accused of destroying a will, destruction of the document (even if the holder is not aware of its content) is sufficient grounds for exclusion from succession. The doctrine does not apply […]
What happens if a Declaration of Succession misses its deadline?
By law, succession must be declared within 12 months of its opening (generally considered the date of the testator’s death), with penalties levied for both delays and omission. Despite the threat of sanctions, delays do occur owing to lack of interest, discord between heirs, and a desire not to pay the related taxes. In cases […]
Heirs and deceased’s bank accounts in Italy
During the course of succession, heirs assume not only the assets of the deceased, but also liabilities. These liabilities may include relationships with banking or credit institutions, making the heir responsible for all rights and duties due these institutions. In addition, access to personal information must be free and guaranteed in an intelligible form. All […]