Testamentary succession in Italy
Testamentary succession represents a crucial moment in the management of family patrimony, regulating the transition of assets from the deceased to the heirs. Whether you are an Italian citizen, an Italian abroad or a foreigner residing in Italy, the drafting and management of a will require attention to Italian laws and, often, to international ones.
In Italy, inheritance law is regulated by the articles of the Codice civile, which regulate all aspects relating to legitimate, testamentary and necessary succession.
Even when the deceased decides to draft the will containing their last wishes, this must respect the rules of succession, under penalty of the possibility of contestation by the excluded or penalised heirs.
Our law firm is composed of lawyers highly specialised in Italian and international inheritance law, and offers personalised services also in the area of testamentary succession for foreigners in Italy, to address every legal aspect with serenity and security.
If you are looking for a law firm for successions or a lawyer to draft or assert a will, we are at your side in every phase.
- Succession
- Declaration of succession
- Inheritance succession
- Legitimate succession
- Testamentary succession
- International succession
- Succession planning
- Business succession
- Generational transition of the business
- Family pacts
- Patrimonial planning
- Inheritance pacts
- Inheritance retraction
- Patrimonial segregation mortis causa
- Particular phenomena of succession
When to contact a lawyer for testamentary successions
Many people think that testamentary succession is activated only after the death of the testator, but the truth is that a lawyer for successions can be of great help also much earlier, during patrimonial planning.
For example, imagine a family in which the head of the family owns real estate both in Italy and abroad. Drafting a will that is valid in multiple jurisdictions and that respects the rights of the forced heirs requires in-depth knowledge of national and international rules. Without adequate support, the risk is to create misunderstandings or to let the laws of one state decide, often to the detriment of the wishes of the deceased.
Another frequent situation concerns the presence of a mortgage on inherited real estate. According to Italian law, the one who accepts the inheritance also takes over the debts of the deceased, including any mortgages. However, the heirs can opt for acceptance with benefit of inventory, a procedure provided for by articles 484 and following of the Codice civile, which allows separating the patrimony of the deceased from the personal one of the heirs. An experienced lawyer is indispensable to assess the opportunity of this choice and to assist the heirs in the practical management of debts.
Contacting a lawyer for successions is fundamental also in the following cases:
- When the deceased has drafted a will of the heir that must be interpreted or made valid in Italy.
- If there are indivisible assets, such as a property, that must be divided among multiple heirs.
- If one of the heirs is a person residing abroad, making coordinated management among multiple countries necessary.
Another technical aspect to consider is the obligation to submit the declaration of succession to the Agenzia delle Entrate within 12 months of the death, an indispensable step to officially transfer the assets to the heirs. This process requires attention to detail, especially if the patrimony includes movable and immovable assets located in different jurisdictions.
The Studio Legale, with its team of experts, ensures complete and tailored assistance for every succession need.
Legal advice for testamentary succession for a foreigner in Italy
The management of a testamentary succession becomes further complicated when it concerns a foreigner residing in Italy or with assets in our country. In these cases, private international law comes into play, which regulates which law applies to the succession.
For example, according to Regolamento UE n. 650/2012, the applicable law is that of the country in which the deceased had habitual residence at the moment of death, except for different testamentary disposition. This means that a foreigner can decide to have their inheritance regulated by the laws of their country of origin, but this choice must be made with precision to avoid legal problems.
A concrete example: a French citizen residing in Italy leaves a property in Milan and a bank account in France. If they have not specified in the will which law regulates the succession, the heirs might find themselves having to face different procedures in Italy and in France, with high costs and times. In this case, Boschetti Studio Legale will manage the entire procedure for you, ensuring that the will is respected and that the assets are distributed according to the wishes of the deceased.
Another delicate aspect concerns the validity of wills drafted abroad. Italian law, thanks to the Convenzione dell’Aja del 1961, recognises the validity of a foreign will if compliant with the rules of the country in which it was drafted. However, to avoid bureaucratic delays and contestations, it is always advisable to verify compatibility with Italian regulation.
In addition to legal management, another important aspect is the fiscal one. Italy provides for an inheritance tax variable based on the degree of kinship between the deceased and the heirs. For foreigners residing in Italy, calculating these taxes correctly and managing any fiscal benefits requires specific professional advice.
Boschetti Studio Legale is a law firm for international successions and offers support to:
- draft a will that is valid both in Italy and in the country of origin.
- validate foreign wills in Italy.
- coordinate the management of assets located in different jurisdictions.
- resolve conflicts between heirs, especially when they involve assets or persons in multiple countries.
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 testamentary succession for a foreigner in Italy
Facing a testamentary succession requires attention, competence and, above all, the support of professionals capable of managing the complexities of inheritance law. Whether it is a matter of managing a will of the heir, of resolving succession issues also relating to patrimonial and real estate management, as in the case of will and the mortgage, or of assisting a person residing abroad, our firm is the ideal partner.
Also for testamentary succession for foreigners in Italy, Boschetti Studio Legale combines international experience and a deep knowledge of Italian regulations to offer concrete and personalised solutions. With our advice, we not only ensure respect for the wishes of the deceased, but we also protect the rights of the heirs, minimising the risks of disputes or procedural errors.
If you are looking for a law firm for successions or a lawyer to resolve inheritance questions, we will guide you with competence and attention, ensuring that every detail is managed with precision and in compliance with your needs.
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
By appointment only
Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
What happens if a foreigner dies in Italy?
When a foreigner dies in Italy, the event is communicated to the consular authorities of the country of origin. A joint management between Italian and consular institutions begins to define the future of the body, which can include repatriation or burial in Italy, with procedures that respect the wishes of the family and international rules.
How does inheritance in Italy work with a will?
The will allows clearly indicating how to divide the patrimony, but Italian law ensures inalienable rights to some heirs, such as spouse and children. Every testamentary disposition must be compatible with these rules, often requiring a balance between personal wishes and legal obligations.
To which office must the declaration of succession of a person residing abroad with assets in Italy be submitted?
The declaration of succession is submitted to the Agenzia delle Entrate, which assesses the assets located in Italy. It is a complex procedure that may require legal or fiscal assistance, especially if it involves international regulations or assets located in multiple countries.
How much does a testamentary succession cost?
The cost of a testamentary succession varies based on the complexity of the situation, involving taxes and administrative burdens. Added to these are the fees of notaries, lawyers or other professionals, suited to ensure compliance with regulations and efficient management of the inheritance patrimony.
