{"id":2487,"date":"2024-10-02T15:22:08","date_gmt":"2024-10-02T13:22:08","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2487"},"modified":"2026-07-27T18:05:47","modified_gmt":"2026-07-27T16:05:47","slug":"international-succession","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/succession\/international-succession\/","title":{"rendered":"International succession"},"content":{"rendered":"

International succession in Italy<\/h1>\n
International successions involve different legal systems and require detailed analysis of the applicable regulations. It is fundamental to protect the transfer of assets respecting Italian laws and those of the country of origin. Expert advice is indispensable.<\/div>\n
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Inheritance matters can become complicated when a case presents transnational profiles. We speak of international succession for foreigners in Italy precisely in those complex cases in which, for example, a foreign citizen owns assets in Italy or when an Italian citizen has heirs or properties abroad, and it is necessary to identify the regulation of the succession<\/a>.<\/p>\n<\/p>\n

A person residing abroad should be concerned about how to manage the succession of a real estate asset located in Italy. At the same time, foreigners residing in Italy should be interested in how to plan a future succession of their real estate patrimonies located in other non-EU states. For these needs Boschetti Studio Legale intervenes, a reality composed of a team of lawyers specialised in inheritance law: we offer support to anyone who finds themselves in a situation that requires specific legal advice to manage complex successions, including cross-border successions.<\/p>\n

Thanks to our experience in cases of international inheritance succession<\/a>, we can help anyone needing legal assistance to transfer the assets of a deceased person between Italy and other Countries, such as the United States, Australia, Great Britain, Brazil, Argentina, etc.<\/p>\n<\/div>\n

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Inheritance abroad: when and why to turn to a lawyer<\/h2>\n<\/div>\n
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Turning to a lawyer for an international testamentary succession is fundamental to address formal and bureaucratic obstacles, and to reduce timeframes, especially when it concerns inheritance distributed among various States.<\/p>\n<\/p>\n

For example, when a person residing in Italy inherits from a family member who lived abroad, or if the deceased had properties in Italy but foreign heirs, the management of the matter requires specific competences regarding private international law. Non-EU States, such as Australia or the United States, for example, present completely different approaches on the validity of wills, on the modalities of transfer of ownership and on succession procedures in general.<\/p>\n<\/p>\n

Managing the case of an Italy-Australia international succession or of an Italy-USA international succession is not a simple matter and within everyone’s reach. In this case the assistance of a law firm experienced in international successions is fundamental in the drafting of a will<\/a> that is compliant with both Italian and Australian law, so as to avoid complications for the heirs at the moment of succession.<\/p>\n

Thanks to our competence in matters of non-EU international successions, our team of lawyers can provide complete assistance in every phase, from the assessment of the applicable regulation to the transfer of assets and the management of administrative and fiscal matters. The objective of Boschetti Studio Legale is to ensure that the interests of its clients are protected, applying the correct legislation to each case.<\/p>\n<\/div>\n

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When does succession become international?<\/h2>\n<\/div>\n
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A succession is defined as international when the deceased or their assets are located in different States. For example, the death of an Italian citizen who leaves assets abroad, or of a foreigner who leaves assets in Italy, requires a cross-border procedure. Another situation is that in which the deceased has left heirs residing in different countries, as in the case of a surviving foreign wife or of Italian heirs residing abroad. In all these situations, Boschetti Studio Legale is available to clarify every aspect and follow the necessary procedures.<\/p>\n<\/p>\n

The management of an international succession requires a detailed assessment of the regulations at play in the various States involved. Since inheritance laws can vary considerably from Country to Country, it is necessary to establish from the outset which rules apply in each specific case and which court has competence to resolve any disputes. In case of disputes, the competent Forum to judge will have to be identified.<\/p>\n<\/p>\n

International succession, therefore, occurs when, due to the specificity of the case, the legal systems of different States are involved, as for example in the case of the Italian citizen who owns real estate abroad or, again, in the hypothesis of the resident in a foreign Country with Italian heirs. A typical case might be that of an Italian with property in Germany or of an Italian citizen who lives in the United Kingdom, with foreign heirs, and wishes to leave their assets to relatives in Italy.<\/p>\n<\/p>\n

Italian regulation on the topic of international legal conflicts is contained in Legge n. 218\/1995<\/strong>, which however is superseded by the rules of Regolamento (UE) n. 650\/2012<\/strong>, which entered into force in 2012 and is applicable to all persons deceased after 17 August 2015. Among the various rules of interest, it must be highlighted that the regulation has introduced the European certificate of succession, an instrument conceived to simplify the management of inheritances that involve multiple States of the European Union.<\/p>\n<\/p>\n

It is important to specify that the aforementioned Regulation is not applied by some Member States, in particular the United Kingdom, Ireland and Denmark, which maintain their national law on the topic of international successions. When one of these Countries is involved, in fact, the other EU States apply their national regulation to resolve the question. In complex contexts like these, specific legal advice is often essential to ensure correct management compliant with the wishes of the deceased in every Country concerned.<\/p>\n<\/div>\n

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How many types of international succession are there?<\/h2>\n<\/div>\n
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There are two main categories of international succession: testamentary succession and legitimate succession<\/a>. These typologies define how to proceed based on the presence or absence of a will and on the applicable law, establishing different modalities of management of assets depending on the case.<\/p>\n<\/p>\n

In international testamentary succession, the deceased has left written wishes that clearly indicate the destination of their assets. In these cases, the management of the succession is based on the provisions of the will<\/a>, and the main task is to execute the wishes of the deceased, respecting the rules of the Country in which the assets or the beneficiaries are located.<\/p>\n<\/p>\n

For example, if a person of French citizenship, residing in Spain, owns an apartment in Italy and leaves a will that assigns ownership to an heir in Germany, the succession will have to respect Italian regulation as regards the transfer of the asset, but at the same time take into account the wishes expressed in the will. The European regulation on succession can facilitate the procedure, making the will valid and recognised among the EU Countries involved, avoiding complications for the heirs.<\/p>\n<\/p>\n

International legitimate succession, instead, applies when a will is missing, therefore the law establishes who the heirs are and to what extent they must receive the assets. The rules vary significantly from Country to Country. Let us take the case of an Italian citizen residing in Brazil, deceased without a will, who leaves real estate in Italy and bank accounts in Brazil. In this scenario, Italian law intervenes to establish the succession of the assets present in Italy, while Brazilian regulation will deal with the assets in Brazil. However, the rules of private international law can limit the choice on the topic of applicable law.<\/p>\n<\/p>\n

In some particular cases, the heirs may have to face issues linked to double taxation and to the need to demonstrate their status of heirs in the various Countries. Here, the use of the already mentioned European certificate of succession, applicable within the EU, can simplify the process, facilitating the recognition of the heirs and of their shares in the Countries adhering to the regulation.<\/p>\n

Depending on the situation, qualified legal advice is essential, which we at Boschetti Studio Legale are able to provide, so that it is clarified which law applies to the succession and to ensure that the interests of the heirs are fully protected in the various jurisdictions involved.<\/p>\n<\/div>\n

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When does it concern non-EU international succession?<\/h2>\n<\/div>\n
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A non-EU international succession occurs when at least one of the Countries involved does not belong to the European Union, as happens, for example, in successions concerning Italy and Countries such as the United States or Australia. In these cases, the applicable regulations differ significantly from those adopted in the European context and provide for specific regulations that make an in-depth and personalised approach necessary.<\/p>\n<\/p>\n

Here are some concrete examples of non-EU international succession:<\/p>\n