Inheritance law, like in any other country, targets the transfer of estates to legal heirs. However, Italian inheritance law is slightly different, quite influenced with the Roman Law, and has it own unique rules and regulations. whether a native or a foreigner, you must understand Italian succession law if you are to inherit
property or assets here.
Applicable law and jurisdiction
Ever since EU Succession Regulation came into existence, the matters are generally governed by the law of the country where the deceased used to reside at the time of the death. However, you can also choose for the national law to apply, depending on the will.
Forced heirship
Italy has strict “forced heirship” provisions, ensuring certain close relatives cannot be disinherited. A fixed portion must go to the spouse, children, or parents (under certain conditions).
Spouse and one child: 1/3 to the spouse, 1/3 to the child, and 1/3 as the free portion.
Spouse and two or more children: 1/4 to the spouse, 1/2 to the children (divided equally), and 1/4 as the free portion.
Only spouse: 1/2 to the spouse, and 1/2 as the free portion.
No spouse but children: 2/3 to the children and 1/3 as the free portion.
When there’s no Will
Without a Will, estate will be distributed as per the Italian succession laws.
The importance of a Will
There remains some testamentary freedom with forced inheritance, therefore, a will is essential to ensure smooth distribution of the estate or for foreign nationals (who inherit a part of the estate).
A will can be:
Holographic Will: A handwritten, dated, and signed will.
Public Will: Drawn up by a notary in the presence of witnesses.
Sealed Will: Written by the testator and delivered to a notary in a sealed envelope.
It can be complex as there are also taxes, freedom to accept or renounce the inheritance. An expert like Stornelli Law can help in matters. https://stornellilaw.com/inheritance-law/