Property without a Will

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Property without a Will

Post by Marie Davis on Thu Nov 12, 2015 9:59 am

Does anyone know what will happen to my Italian property if I don't have an Italian Will?
Thanks

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Re: Property without a Will

Post by Flip on Thu Nov 12, 2015 3:15 pm

Presumably you mean after you die? 
It depends on if you have a Will elsewhere which is enforceable in Italy, also if you are married, have children, are resident or a citizen, if the property is mortgaged, if any siblings etc . Really need a bit more detail if you want a definitive answer.
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Re: Property without a Will

Post by modicasa on Fri Nov 13, 2015 6:12 am

If you a resident in Italy and dont  leave any paperwork, it will fall under Italian succession law, and be divided up accordingly.

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Re: Property without a Will

Post by Vicino on Fri Nov 13, 2015 9:02 am

Hi Marie Davis and welcome, there is quite a few experts on this subject within this forum, I did a quick search within the Forum for 'holistic will' and if you click on the following link you will find more info,

http://italy.forumotion.com/t835-giving-up-residency-in-italy

As I say, there are plenty of others here who can help further, and there is likely to be even more up to date information around.

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Re: Property without a Will

Post by De Tullio Law Firm on Tue Nov 17, 2015 9:59 am

Dear Marie,


If you die without a Will, the Italian law decides where your Italian assets go. It really depends on what your family situation is as to who gets what and in which percentage. And, if you also own assets in another jurisdiction, there may be other countries' laws, in addition to Italian law, that determine who gets what from your estate.

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Re: Property without a Will

Post by Charlotte Oliver on Fri Nov 27, 2015 2:00 pm

In reply to the answers by Modicasa and De Tullio, the situation is very different now that the Succession Regulation is in force.

If you have not left a will with a choice of your national law, the law of your habitual residence will apply.

Marie where are you living now?

If you are resident in the UK English law would apply to your estate, but in this situation of intestacy, English law would refer back to Italian law in respect of any property here.

If the persons you wish to inherit are not direct family members (who would have fixed shares in Italian law by the rules of the successione legittima or necessaria) it is really advisable to make a will.

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