Each year a number of people in the UK with Italian heritage find that they have inherited a property in Italy from a relative that they hardly knew. The laws of succession in Italy have an element of “forced heirship” meaning that whether a person dies intestate (without a legal will) or if they make a will, the Italian laws of succession require that the estate passes to the relatives of the deceased in order of proximity within the family. Therefore the spouse followed by the children, siblings etc. will inherit prescribed percentages of the estate according to their relationship to the deceased. Should a person die without any immediate relatives there is an obligation to seek out distant relatives. However, there may be a will that your Italian relative made in your favour.

It can be a very pleasant surprise to find that you now own a property in a country with a wonderful climate, excellent cuisine and a remarkable cultural history. There are important actions that must be dealt with immediately as in under Italian law you have instant responsibility for all the debts and taxes attached to the property and it is imperative to ensure that everything is legally sound. Under Italian law, if you consider that the financial responsibilities attached to the property are too great you can renounce the inheritance and the estate will cascade down from you to the next closest relative. However, a decision to refuse an asset such as a property must be considered very carefully.

If you decide to accept the inheritance the step you must take immediately is to obtain Grant of Probate from the Italian authorities and it must be taken within one year of the death. In order to obtain a Grant of Probate the following documents are required:

– the deceased’s death certificate,

– the family certificate relating to the deceased, together with that of the heirs and legatees

– a copy of the will in Italian, if any exists, due to the prescribed laws of succession many Italians do not make a will.

Italian bureaucracy can be extensive, ponderous and complex, for example, the entire estate of the deceased has to be itemised, regardless of location. Following Brexit, the UK is now regarded as a non-EU Member State and the tax liabilities will different after the transition period. If you do not speak Italian the burden and cost of dealing with your deceased relative’s estate is considerably amplified. Furthermore, there are time frames within which certain actions must take place once you decide that you would like to accept your inheritance and you start the process to transfer the property into your name.

The best course of action is to appoint an English speaking Italian lawyer. Legal Law Limited’s wills, probate and trust team both in the London office and the Italian offices can assist with the most complex situations, including contested wills and can guide through the entire process you so that you avoid any inadvertent breaches and lead you to the smooth transition of ownership of your new property.