Are you an heir? The allocation of debts under the Italian succession

The Italian allocation of debts is established by articles 752 and 754 of Italian Civil Code. Specifically, the law seeks to regulate internal relationship between coheirs and external relationships between them and creditors. Coheirs are expected to contribute to the payment of debts in proportion of the share for each of them, given that the […]

Italian spouse’s inheritance rights: an overview

According to art.540 Italian Civil Code, the surviving spouse has the right to a share of the heritage. In addition, the spouse has dwelling rights over the family home and the right to use furniture that characterised the family house. According to Italian Law, the surviving spouse is one of those parties who is entitled […]

Determination of Italian Inheritance shares

According to Italian Law, in the event of death of an individual, the inheritance process – which may be based on a will or not – takes place. In various inheritance contexts, Italian Law generally distinguishes two types of heirs: rightful heirs are those individuals close to the deceased which are also included in the […]

Italian Inheritance Law: how to accept the succession

According to Italian Law, heirs are those subject who decided to accept the succession. Therefore, individuals may officially become heirs only through the acceptance of succession. Specifically, there are two ways to accept the succession: you may accept the succession expressly through notary act. Contrarily, you can accept the succession tacitly, for example by taking […]

The advantages of Italian Inheritance Law: the will

minors and inheritance

The will is a legal document that expresses individual’s (de cuius) wishes about how properties shall be distributed after the death. According to the Italian Law, the will is the legal tool through which the heir will replace the deceased in every legal relationship with any legal or natural person. Italian Law introduces different types […]