In this particular case, a credit institution was sued by the heir of a current account holder. He asked for the bank to pay compensation for the failure to pay interest on a sum of over 900 thousand euros, held during the period between the opening of succession (1987) and the declaration of succession and payment of the taxes (1997).
In essence, the bank paid the value of the equity securities a decade after the collection, without paying interest. In the court of the first instance, the heir’s claim for compensation was accepted, then was rejected on appeal. This led to the case being heard by the Supreme Court.
Legislative Decree 346/1990 in the matter of succession and tax payment is relevant: in particular, paragraph 4 of art. 48 entitled “prohibitions and obligations for third parties”.
The rationale is that it forces heirs to fulfill the tax obligation imposed on them.
– the heir of the depositor to request the restitution of sums;
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Heirs and deceased’s bank accounts in Italy
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Italian Inheritance Tax Calculation
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Inheritance Taxes Pursuant to Italian Tax Law