ITALIAN INHERITANCE LAW

AVVOCATO ROBERTO BIASOLI


ITALIAN SUCCESSION PROCEDURES AND ESTATE LITIGATION

With the death of the deceased, a succession begins.


It is one of the most detailed subjects in the Italian Civil Code, which dedicates the entire Second Book and 353 articles to it.


For the private citizen called to inherit, since the opening of the succession, a series of rights and obligations of various kind arise, which must be considered with extreme care, before any unexpected or unwanted legal effects are produced. 



The fulfillment of a succession procedure in Italy, unlike what happens in many other countries, is based on the initiative of the interested person (heir or legatee), who must take action in order to fulfill all the duties imposed by law and in order to obtain the title of the assets and rights, which are due to him according to the discipline of legitimate succession or according to the will.



The lawyer examines, together with the Client, among other things:


- the legal criteria for the distribution of the estate 


-the numerous legal issues that may arise as a result of a null or voidable will 


- the rights of the subjects ("legittimari") who were unlawfully set aside by the testator.



The handling of a non-contentious inheritance practice involves contacts with multiple offices, depending on the characteristics of the inheritance and the composition of the Estate: Revenue Agency, Voluntary Jurisdiction of the Court, Cadastre Registry, Land Registry Office, Banks, Post Offices, and so on.



The lawyer can assist you step by step in each of the aforementioned tasks, with the protection and guarantee offered by a registered professional and the convenience of having a single interlocutor for each phase of the procedure.



The existence of a dispute in an inheritance must be managed in a calibrated way, by first exploiting all the negotiation possibilities offered by the legal system, such as the civil mediation, the assisted negotiation, the conciliation in contractual form.


The protection of the Judge is the last resort, in case the agreement between the parties fails to prevail.



In each of the aforementioned cases, the lawyer is your best card.


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