Inheritance in Italy
The inheritance in Italy is a particularly articulated area of inheritance law, having to involve at the same time multiple legal systems.
When a person residing abroad or a foreign citizen residing in Italy leaves assets in inheritance, difficulties may arise in the management of the succession phenomenon.
Preliminarily it must be specified that the international private regulation of successions is articulated in a series of sources at internal, international and community level.
The regulation on applicable law is contained:
• at internal level, in the provisions of Legge n. 218/1995;
• at European level, in the provisions contained within EU Regulation n. 650/2012, which have made the internal regulation only residual;
• at international level, in a series of conventions of which we mention the main ones such as the Washington Convention, the Basel Convention, the Hague Convention.
That said, in general, the applicable law depends on various elements, first of all the residence, the nationality of the deceased and the place where the assets are located.
For example, in many cases the law of the Country of residence is applied, but some exceptions cannot be silenced, for example when there are real estate located in Italy for which Italian law could be applied.
Furthermore, with the entry into force of the European Regulation on successions, EU Regulation n. 650/2012, also foreign citizens stably residing in Italy can opt for the law of their Country of origin to regulate the entire succession.
However, this choice must be expressed clearly in a will, having to resort, in the absence, to Italian law for assets present on national territory.
Another aspect to keep in mind is that, if the inheritance assets are located in multiple Countries, the inheritance division procedure can become complicated.
Each State can apply different rules and require specific documents to recognise the rights and inheritance entitlements of the individual, creating a mosaic of regulations to manage.
That is why it is always essential to have an experienced guide like the lawyers of the Boschetti Studio Legale team to avoid lengths and disputes.
- Inheritance
- Acceptance of the inheritance
- Actions to protect the inheritance
- Renunciation of the inheritance
- Inheritance collation
- Consensual inheritance division
- Judicial inheritance division
- Acceptance of inheritance with benefit of inventory
- Inheritance representation
- Inheritance shares with and without a will
- Inheritance and donation
- Inheritance to grandchildren
- Digital inheritance
- Petition for inheritance
- Division of the inheritance community
- Lying inheritance
- Inheritance for de facto couples
Legal advice for inheritance in Italy
Managing the inheritance of a foreign citizen entails interesting challenges, especially when it concerns international patrimonies.
Boschetti Studio Legale, composed of lawyers experienced in international inheritance law, is able to offer you specific advice to address all the complexities linked to your inheritance. Whether it concerns movable or immovable assets, Italian laws and those of the deceased’s Country of origin can intertwine, creating uncertainties.
A useful and particular resource that has recently appeared on the panorama of inheritance law is the European succession certificate, introduced by EU Regulation n. 650/2012.
This document is able to considerably simplify the management of international inheritances within the European Union, allowing the heirs to demonstrate their rights without having to start legal procedures in each Country in which the assets are located.
Curiosity: the European succession certificate is valid in all the Member States of the EU (with the exception of Denmark and Ireland) and allows the heirs to avoid costs and long procedures of cross-border recognition of judgments.
Another undisputed advantage is that the heirs can request it at the competent Authority of the Country in which the deceased had their habitual residence.
For example, if a foreign spouse residing in Italy inherits real estate located in another European Country, it will be possible to use the European succession certificate to assert their inheritance rights without resorting to foreign courts.
If you want these procedures and all the connected activities to be managed with seriousness, rely on the professionals of Boschetti Studio Legale. The lawyers of our Studio will know how to address the various regulations that are relevant in the specific case, ensuring you that all the necessary documents are correctly submitted and that the certificate is obtained rapidly, freeing you from stress and worries.
In addition to the management of the succession practice, we can also assist you in case of inheritance disputes.
In some situations, it may be necessary to bring a lawsuit for inheritance if conflicts arise among the heirs, if succession rights are contested or wills are challenged.
Our law firm for international inheritances provides you with the necessary assistance to face such disputes, seeking solutions that respect both Italian law and foreign law.
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.
How can we help
Boschetti Studio Legale will take care with professionalism and competence of your case of inheritance for foreigners residing in Italy, our professionals boasting years of matured experience with reference to cross-border succession questions.
If you are involved in a succession that concerns assets both in Italy and abroad, or if you need to clarify what your rights as heir are, a lawyer for inheritance in Italy and inheritance for foreigners of our team will be able to provide you with the right advice to protect your interests.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
Via dei Gracchi, 151
00192 Rome – Italy
info@familylawboschetti.com
Phone: + 39 – 06 889 21971
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Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
How much does a lawyer for an inheritance case cost?
The cost of a lawyer for an inheritance case varies based on the complexity of the case, the value of the patrimony object of the inheritance, and the duration of the case.
Generally, rates can be fixed or established as a percentage on the value of the case.
Which lawyer deals with inheritance?
A lawyer specialised in inheritance law deals with questions linked to inheritance. It is the lawyer who can assist you in inheritance practices, in the drafting of wills, in the division of assets and in the resolution of disputes among heirs. Furthermore, they can deal with cross-border inheritances, where regulations of multiple Countries are involved, ensuring respect for the applicable laws and protection of the interests of the heirs.
How much does it cost to do the inheritance?
Dealing with inheritance has a cost that may differ depending on the professional called to deal with it, as well as in relation to the value of the patrimony that is its object, the complexity of the succession and the reconstruction of the inheritance estate.
The cost therefore includes notarial fees, legal fees, inheritance taxes.
On average, inheritance taxes range from 0% to 8%, while professional rates can be established based on the value of the inheritance or agreed in advance.
