Wills and succession law in Italy

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Wills and succession law in Italy

Post by CharlotteOliver on Sun Dec 29, 2013 6:42 pm

Since this new forum got off the ground have the members found a place to discuss this topic.?  It is always interesting to me to discuss how the new EU regulation on succession and wills will affect British citizens with property in Italy as the UK did not opt-in to the Regulation because of fears about the application of the rule of "clawback" on lifetime donations.

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Re: Wills and succession law in Italy

Post by Admin on Mon Dec 30, 2013 7:52 am

Welcome Charlotte. I don't think it has come up as a specific question or topic but personally I would be very interested to know how the UK's decision  affects us Brits who live in Italy and our ability to will our posessions and property to whomever we wish.
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Re: Wills and succession law in Italy

Post by CharlotteOliver on Wed Jan 01, 2014 6:57 pm

Its a tragedy that our discussion over the last few years has been obliterated from Italymag, there were lots of interesting questions raised...

From August 2015, a succession opened in Italy will be governed by the 2012 EU Regulation on Wills and Succesions, which states that the law of the persons place of residence will be the law applicable to the succession ie, to all related questions including the right of necessary statutory heirs to make a claim and recall the value of any lifetime donations made by the deceased in order to redistribute the estate. This of course would affect spouses or children who did not receive their full entitlement under the will. However, if a person had made an express choice of English law in their will as the law of thier nationality, this law would govern.

The fact that the UK did not opt in leaves the eternal confusion caused by the scission rule of English private international law, ie English law states that where there is overseas property the law of the country where it is situated applies to the property, and the law of the persons domicile will apply to moveable assets such as bank accounts.

There is a posibility that the UK will review this law, ideally to state that if a person wants English law to apply it will.

Important to include a clause in any will where a person has assets outside the UK stating I INTEND THAT ENGLISH LAW SHOULD APPLY TO THE SUCCESSION TO ALL MY ASSETS WHERE EVER SITUATED. This is because over recent years courts have prefered this express choice over the scission rule, respecting the principle of the freedom to dispose of ones own property.


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Re: Wills and succession law in Italy

Post by modicasa on Thu Jan 02, 2014 5:58 am

Glad to see you on here Charlotte, and thanks for the post.

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Re: Wills and succession law in Italy

Post by Vicino on Thu Jan 02, 2014 7:52 am

An absolute top poster you are Charlotte, delighted to see that you have found us, the clause you mentioned went into our latest wills pretty soon after you quoted it,

Have a great 2014,

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Re: Wills and succession law in Italy

Post by Admin on Thu Jan 02, 2014 9:51 am

That is veru useful. I will have to check ours. Thanks as always Charlotte.
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Re: Wills and succession law in Italy

Post by Gala Placidia on Thu Jan 02, 2014 3:16 pm

Very useful information, Charlotte. We really missed you. Have a great 2014!
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Re: Wills and succession law in Italy

Post by FBower on Sat Jan 11, 2014 7:06 pm

Thanks Charlotte - I've had this on my to do list since your posts on the other forum and now I need to get on with it! Are you still in Ostia?

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Re: Wills and succession law in Italy

Post by chrisnotton on Sun Jan 12, 2014 12:44 am

Nice to see you again Charlotte. I still managed to search the archive of Italymag the other day. Since when has it been unavailable?

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Re: Wills and succession law in Italy

Post by CharlotteOliver on Fri Jan 17, 2014 10:47 pm

So the archive is still intact thats good to hear, but what a waste of valuable info that I know lots of people read...,I still live in Infernetto and now commute to work to Piazza del Popolo!

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Re: Wills and succession law in Italy

Post by Admin on Fri Feb 21, 2014 2:09 pm

Hi Charlotte, how would the new regulations affect someone with dual citizenship (ie UK & Italian). Could we still choose our UK inheritance or would the Italian automatically apply?
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Re: Wills and succession law in Italy

Post by CharlotteOliver on Mon Mar 03, 2014 10:22 pm

The new Regulation provides for dual citizenship, in that a person can choose, by writing this choice expressly in their will, which national law should govern their succession. see Art. 22, which states that a person can choose the succession law of any nationality held at the moment of making a will or on death.

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Re: Wills and succession law in Italy

Post by Vicino on Tue Mar 04, 2014 8:42 am

This one of those issues that have affected many people for years and I think the EU should be congratulated (for once !). How it has taken so long to become law is a bit odd ?! I still think though, that come the day, local comunes/notaries will as usual try to apply their own interpretations !

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Re: Wills and succession law in Italy

Post by Admin on Wed Mar 05, 2014 10:17 am

Thank you Charlotte. That has answered the question beautifully. I think we'll go for it then.
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Re: Wills and succession law in Italy

Post by Angela Fuller on Sat Feb 07, 2015 9:20 am

Just found this thread, many thanks Charlotte, I am on the case......
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