Italian Property and Inheritance Law

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If you or your family have property in Italy, it is advisable to research and prepare for the future of that property. Probate laws vary from country to country, and Italian assets are unlikely to be subject to the same procedures and laws as domestic assets. In all situations, the succession of assets following the death of a loved one can become complicated and very stressful when considering assets abroad. It can also become frustrating and costly to resolve this situation somewhat and prevent conflict.

As of August 17, 2015, new rules allow individuals from participating EU member states to choose in which country jurisdiction will apply to the devolution of assets, the new regulation is known as Brussels. For those with assets in EU countries which are all except the UK, Ireland and Denmark will benefit from this regulation.

After August 17, 2015, any EU citizen who owns property in an EU member state and who took the appropriate measures before their death can choose the law of their country of habitual residence or the law of nationality to govern the succession of their EU estate. For instance, in case, you are a citizen of United Kingdom with a holiday home in Italy, you can revise your UK will, covering an Italian property and choosing UK law to apply rather than having a separate Italian will. for your holiday home. It is strongly recommended that you have an official Italian translation from your UK will or a bi-lingual Italian will, ideally be lodged with an Italian lawyer or notary public, which will make the matter much time saving and cost effective in the long term for those who need executing your estate.

On the other hand, if you are an  owner of foreign property usually residing in Italy, it is essential that you draw up and lodge a bi-lingual Italian will or revise your existing will and clearly state the law of the country you wish to choose otherwise, because you live in Italy, the Italian laws will automatically apply when dealing with the succession. However, if there is no will, the situation becomes very complicated for the surviving spouse or partner and other intended beneficiaries.