INTERNATIONAL INHERITANCE LAW

AVVOCATO ROBERTO BIASOLI


INTERNATIONAL SUCCESSIONS & FOREIGN ESTATES


When some aspects of the will, beneficiaries or inheritance involve a foreign legal system, we are dealing with an international inheritance.

The typical cases are:

The death of an Italian citizen who leaves assets abroad

The death of a foreign citizen who leaves his assets in Italy

The death of an Italian citizen with foreign heirs

The death of a foreign citizen with Italian heirs.

Different rules may apply depending on the nationality and residence of the testator, the location of the inheritance, the presence of real estate, the legal system under which the will was drawn up.


An international succession requires consideration of the principles of private international law, international treaty law and European Union law.



The fulfillment of the formalities necessary for the completion of a succession procedure, however, cannot disregard the evaluation of the internal law rules of each state where the inheritance assets are located, which has its own laws and procedures, which mainly discipline:


- the transfer of property of real estates owned by the deceased;


- the collection, by the heir, of the financial assets and current accounts in the name of the deceased;


- the protection of third parties who can claim inheritance rights.



When the succession involves one of the Anglo-Saxon countries, where the Common Law legal system is in force (United Kingdom, Australia, United States), the succession procedure is based on very different criteria from those followed in the Civil Law countries (such as Italy, Germany, France, etc.).


This process requires the participation of a subject who is responsible for the whole procedure, such as the executor of the will or the administrator of the estate.


Whoever is appointed executor by will, or the heir who intends to administer the estate, must apply to the competent court in order to be officially granted the powers to manage the estate and  to distribute its assets to the legitimate beneficiaries .


The legal professional who approaches  an inheritance based in another country can guide you along the best pathway between different legal systems and help you achieve the result you are entitled to.


Your lawyer, when dealing with an inheritance, may assume the role of your special attorney, representing you in person.

With the highest guarantee given by the code of ethics to which he is subject, he is in the position to protect your rights arising from inheritances all over the world.


Our experience gained abroad is at your service.



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