The exceptional situation that each country finds itself in as result of the rapid progress of the coronavirus across the world affects nearly every aspect of life, including the likelihood of the unexpected inheritance of a relative’s estate in Italy.  Many people in the UK with Italian heritage find themselves the sole heir of a distant Italian relative’s estate through the prescribed Italian laws of succession which allows an estate to cascade down through the family to the sixth degree of connection.  The laws of succession in Italy have an element of “forced heirship” when 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. Regrettably the pandemic currently sweeping the world is creating a greater potential for this possibility.

Legal Law Limited’s wills and probate team understands that for many people dealing with the authorities in Italy may be an onerous prospect, particularly in view of the fact  that Italian bureaucracy can be extensive, ponderous and complex, for example, the entire estate of the deceased has to be itemised, regardless of location. Furthermore, there are time-frames within which certain actions must take place once you decide that you would like to accept your inheritance.  There will be a considerable number of actions to take depending on how complex your deceased relative’s financial affairs are likely to be. 

Legal Law Limited has offices throughout Italy and our experienced lawyers can assist with every aspect of an Italian estate from closing the bank account, cancelling credit cards, dealing with pensions to transferring title of an Italian property into your name, assisting with the Italian taxes and other municipal and judicial obligations.   

The necessity to remain in quarantine is no barr to carrying out the requirements attached to an Italian inheritance. The means by which you can complete the legal formalities without having to be present in the country where your inheritance is located is by drafting a power of attorney. A power of attorney provides legal permission for a third party (the attorney) to sign documents on behalf of the person commissioning the power of attorney (the donor) most frequently used when the donor cannot be present to sign a document for themselves.

The immediate documents you will be obliged to produce are the following:

The decease’s death certificate

The family certificate relating to the deceased together with that of the heirs

A copy of the will, if there is one, translated into Italian

Legal Law Limited’s wills, probate and trusts team are extremely experienced in dealing with cross-border estates and ensuring that the terms of an Italian will reflect the express wishes of the deceased.  Our lawyers can further advise on:

• Applications for the removal of an executor;
• Bringing and defending claims on behalf of an estate;
• Citations to accept or refuse probate;
• Subpoenas to produce testamentary documents;
• Applications to issue and warn off caveats;
• Applications to the court for directions regarding the administration of an estate.