When James Gandolfini died suddenly in 2013, everyone expected the public affection and grieving for the unforgettable face of “Tony Soprano”. No one would have imagined the outbreak of public debate around his testament and last will.
Beyond the high asset value (estimated at $70 million), many experts found hiw will to be poorly constructed, due to unwise tax planning and inadequate real estate structures.
Italian Inheritance Laws: mandatory heirs and forced heirship
According to the terms of Mr. Gandolfini’s will, a home he owned in Italy was to be split equally between Michael – Gandolfini’s first son – and Liliana – his daughter from the second marriage – when she turns 25 years old.
However, the Italian legal system dictates how property is left to heirs. In this case, Michael and Liliana were automatically entitled to half of the Italian property and Mr. Gandolfini’s wife a quarter.
Italian law therefore only allowed James Gandolfini to determine who was to receive the last quarter.
In Italy, the forced heirship law states that the closest family members (spouses, children, in some cases parents) are entitled to part of the overall assets. The law establishes how these assets are to be distributed. This means the testator can’t freely dispose of all of their assets.
However, with the precautions that only an Italian law firm knows and following recent Italian precedents, it is possible for a Dual Citizen to dispose of his/her assets according to his/her foreign State Law, overcoming the Italian Forced Heirship Law.
Collaboration between lawyers on a global level
The public debate about the improper testamentary structure of James Gandolfini’s Italian real estate has drawn attention to an important, but often overlooked issue.
Clients with property abroad should consider consulting a lawyer in that country and drafting another will for those assets. Differences in inheritance and succession laws between countries can lead to misunderstandings, friction, and lawsuits from heirs, which can be avoided by using knowledgeable local counsel.