Successions for civil unions in Italy
- Successions for civil unions in Italy
- Introduction to the concept of “element of internationality” in civil unions and how this affects successions
- Examples of elements of internationality: citizenship, residence, assets abroad
- Criteria for determining the applicable law in case of succession with elements of internationality
- Importance of the will for couples in a civil union, especially in the presence of elements of internationality
- Legal advice for the succession planning of international civil unions
Civil unions, introduced in Italy with Legge n. 76/2016, represent an important achievement for the protection of the rights of unmarried couples, extending to those in civil unions many of the guarantees provided for spouses. However, when speaking of international succession with civil union, the situation becomes complicated, especially in cases where assets, residence or citizenship involve more than one legal system.
In particular, the difference between marriage and civil union emerges in international contexts: while marriage is recognised in numerous legal systems, civil unions may not enjoy the same treatment. This creates complex situations, in which to address civil unions and international succession careful planning is necessary.
Boschetti Studio Legale, with its experience in succession law and international law, is the ideal partner to address and resolve these issues.
Introduction to the concept of “element of internationality” in civil unions and how this affects successions
In the contemporary legal panorama, internationality in civil unions takes on growing importance, in a world where relationships intertwine without geographical boundaries.
This element of internationality, which can arise when the partners belong to different legal systems or live in different countries, is not limited to influencing the daily dynamics of the union, but also profoundly affects the inheritance succession for civil union abroad in case of death of one of the partners.
The laws governing successions, indeed, vary considerably at global level, and the intertwining of different legislations creates a complex terrain, where decisions on the estate can become as articulated as they are crucial.
In such context, successions of those in civil unions raise relevant questions: which law applies when the legal traditions of two States confront each other? How are succession rights in civil unions safeguarded in a system that, while recognising the existence of affective and family bonds, does not always uniformly contemplate the rights of individuals beyond national borders?
How to govern international succession with de facto cohabitation or to ensure recognition of the civil union abroad? A reflection that leads us jurists to explore not only the legal challenges, but also the cultural and social implications of a law that must adapt to a reality that is increasingly fluid and interconnected.
As mentioned, the element of internationality presents itself whenever an inheritance situation involves more than one State. It can concern the different citizenship of the partners, habitual residence abroad or the presence of assets in other countries. The management of the succession becomes particularly complex in cases in which civil unions are not recognised in one of the jurisdictions involved.
For example, an Italian citizen in a civil union with an American citizen may find themselves having to face rules of private international law that do not provide any protection for the surviving partner. In such cases, the intervention of experts is essential, such as those of Boschetti Studio Legale, to ensure that succession rights in the civil union with a foreigner in Italy are adequately protected through specific legal tools, such as the will for international civil union or patrimonial agreements.
Examples of elements of internationality: citizenship, residence, assets abroad
The elements of internationality that influence inheritance successions for civil union abroad are multiple and deserve in-depth treatment:
- Citizenship:
Partners with different citizenships may be subject to profoundly divergent legal regimes. For example, in non-European countries, such as India or the United States, the civil union might have no legal recognition. This means that the surviving partner risks being excluded from the inheritance. Boschetti Studio Legale can assist in preparing personalised solutions to ensure that succession rights in civil unions are protected, regardless of the country involved.
- Residence:
Habitual residence often determines which law applies to the succession. However, the concept of “residence” varies according to legal systems: in some countries fiscal residence is considered, in others actual dwelling. A couple in a civil union living in Germany but with assets in Italy might find themselves having to manage a complex regulatory web. Boschetti Studio Legale offers targeted advice to identify the most favourable law, ensuring optimal management of the succession regime in the civil union.
- Assets abroad:
The presence of assets in several States, such as real estate, current accounts or investments, makes it necessary to coordinate local regulations often in conflict with each other. For example, a property in France may be subject to different rules than a bank account in Switzerland. To ensure a smooth succession without disputes, Boschetti Studio Legale plans every detail, adapting to the peculiarities of each legal system and protecting the succession position of the person in a civil union.
Criteria for determining the applicable law in case of succession with elements of internationality
When a succession crosses national borders, the determination of the applicable law becomes an operation as delicate as it is fundamental. In a world in which people move, live and leave assets in several jurisdictions, the criteria for establishing which legislation governs the succession are no longer a theoretical exercise, but a practical necessity that profoundly affects the patrimonial rights of individuals.
The matter becomes particularly complex when a succession presents elements of internationality, as in the case of inheritances involving citizens of different countries or assets located in different States. Which law must prevail? How to determine which legal system adequately recognises and protects succession rights in the civil union with a foreigner in Italy, taking into account the different legal traditions and the principles governing succession?
Importance of the will for couples in a civil union, especially in the presence of elements of internationality
The will is the most effective means of defining the succession position of the person in a civil union and resolving disputes arising from international situations. Drafting a will does not only mean naming an heir, but also establishing the applicable law, protecting the partner from any exclusions and ensuring that the inheritance is distributed according to the wishes of the deceased.
In a continuously changing legal context, the will for international civil union becomes an indispensable guarantee for the protection of the estate and family rights.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
Legal advice for the succession planning of international civil unions
In the context of international civil unions, succession planning takes on crucial importance, as it offers couples the opportunity to protect their assets and the rights of heirs in complex legal scenarios. The inheritance in the civil union, indeed, represents a central topic for couples who wish to ensure patrimonial continuity and legal protection for the surviving partner. When one or both partners come from different legal systems or possess assets in several jurisdictions, the absence of an adequate succession plan can generate legal conflicts, patrimonial uncertainty and, in the most serious cases, the ineffectiveness of the wishes expressed by the deceased.
Targeted legal advice for the succession planning of international civil unions makes it possible to address risks linked to the topic of civil unions and international succession with practical and strategic solutions. The legal advisor experienced in international law and succession law guides couples in choosing the best ways of distributing the estate, taking into account the national and international laws governing succession. This is particularly relevant in cases of inheritance without children, where the protection of the partner may be compromised in the absence of specific testamentary dispositions. A fundamental aspect is the assessment of the rules governing intestate succession in the various States, since, in the absence of a will, the deceased’s estate may be subject to rules different from the partners’ expectations.
The advice also extends to the management of assets in different jurisdictions, addressing the issues arising from the location of real estate and movable assets in States that may apply different rules. Tools such as international wills, which allow patrimonial dispositions recognised at global level to be drafted, can prove particularly useful for couples with assets abroad. In these contexts, the advice also focuses on inheritance aspects linked to the civil union and the related inheritance profiles, ensuring that every detail is taken care of to avoid disputes. In addition, legal advice helps to anticipate the application of international conventions that harmonise succession rules, such as Regolamento UE 650/2012, which simplifies the management of cross-border successions between Member States.
At Boschetti Studio Legale, legal advice is a fundamental investment to address with calm and awareness the challenges of international succession planning. The expert and personalised approach of the firm allows couples to navigate safely in the complex international legal panorama, ensuring solutions that fully respect the wishes expressed and protect patrimonial and family rights. Our experience in private international law and cross-border successions ensures that every aspect of the succession is treated with the utmost attention and competence, offering a complete and tailored service for the needs of our clients.
To anticipate the succession of those in civil unions, succession planning is not a simple technical exercise, but a complex process that requires competence and strategic vision. Boschetti Studio Legale offers complete assistance, which includes:
- Personalised wills: structured to protect the rights of the partner and prevent conflicts.
- Choice of applicable law: identification of the most favourable legislation based on residence, citizenship and location of assets.
- Protection in hostile jurisdictions: innovative legal solutions to ensure succession rights in countries that do not recognise civil unions.
- International administration of assets: coordination between different legal systems for smooth management of the inheritance.
Thanks to its experience in succession law and international law, Boschetti Studio Legale represents the point of reference for those who wish reliable and tailored advice for the succession planning of international couples.
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What are the succession rights in the civil union?
In Italy, partners in a civil union have the same succession rights as spouses, as provided by the Legge Cirinnà (n. 76/2016). This means that the surviving partner is considered a legitimate heir and is entitled to a share of the deceased's inheritance, regardless of the presence of a will. However, in international contexts, these rights may be limited or non-existent in countries that do not recognise the civil union.
What is due to a cohabiting partner in case of the partner's death?
If the civil union is not formally registered, the de facto cohabitant has no legitimate succession rights according to Italian law. A will is necessary to ensure to the cohabitant a share of the inheritance. In its absence, the estate is distributed to the legitimate heirs (children, parents or other relatives). The situation becomes further complicated if the assets are abroad or if the country involved does not recognise cohabitation as a legal status.
Is it possible to make a will for a civil union celebrated abroad?
Yes, it is possible and advisable to make a will to protect the succession rights of the partner in a civil union celebrated abroad, especially in countries that do not recognise this institution. In Italy, the testator can use the will to designate the partner as heir and explicitly indicate Italian law as applicable (professio iuris), pursuant to Regolamento UE 650/2012. This avoids legal conflicts and ensures greater patrimonial protection.
What happens if a partner in a civil union dies without leaving a will and has assets in several countries?
In the absence of a will, the applicable law is that of the deceased's habitual residence, according to Regolamento UE 650/2012. However, assets located in other countries may be subject to local rules, which may exclude the partner from succession rights if the civil union is not recognised. This complexity requires expert legal advice to coordinate the rules and protect the estate and the surviving partner.
