Legal Question in Real Estate Law in Italy
Good afternoon, I'm writing to ask for a professional advice about my situatio. I am an English expatriate living in Italy at the moment. Now since I have some health problems, I am just starting wondering about all my properties here in Italy. I have no children and all my relatives still live in England. So I am afraid it could be difficult to manage the succession of my properties in the future. Moreover for private reasons I would not like to share my properties equal parts among all my relatives. What can I do in order to prevent all those problems?
3 Answers from Attorneys
You should deposit a will at an Italian Notary Public disposing about your properties in favor of your preferred beneficiaries.
In your will you have also to specify the applicable Law (you can choose the British Law, so you won't have any obligation to leave anything to your relatives).
Don't hesitate to contact us for any further inquiry or assistance.
Best Regards,
Att. Francesco Gradozzi
Maybe you should consider contacting a UK solicitor there at the same time, as all all your heirs will be in England.
Useful info at this link: http://www.delgiudice.clara.net/UK/WILLS.htm.
and at http://www.makeawill.co.uk/leaving-overseas-property.htm
This is definitely a matter which you should discuss at length with your solicitor.
Generally speaking, it is advisable that a foreign citizen who possesses an Italian real estate property drafts an Italian Will. This is the sole means through which you can prevent any difficulties that heirs might experience in the transfer of the ownership of Italian properties of the testator.
As a matter of fact by drafting an Italian Will the testator will reduce the risk of conflicts among the heirs, and on the other hand he will ensure that Italian authorities have a clear and direct understanding of the legal framework.
Further more it should be considered that if the deceased has not left a will (dying intestate), it is the Italian law determining which relative has the right of succession (primarily the spouse, the legitimate and natural children and descendants).Without a will, in the case of a lack of heirs, according to Italian law, the hereditary assets present in Italy would be assigned to the Italian State.
Please remember that in order to have the right to draft an Italian Will the testator should be at least 18 years and of a sound mind. Foreign Wills must be published by an Italian Notary Public in order to execute the probate. As a matter of fact the notary will not publish or legalize documents drafted in a foreign language unless duly translated in Italian. This will most likely involve the assistance of a qualified legal translator/interpreter.
Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.
www.detulliolawfirm.com
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