Category: Judicial

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Implicit acceptance: heir behaviors that imply acceptance of an inheritance

The law identifies some acts performed by an heir that qualify as acceptance of the inheritance, such as: Waive of rights of succession in exchange for money The Supreme…

InheritanceBlog

Italian American Dual Citizenship: the most common problems and how to overcome them

One way of acquiring Italian dual citizenship is by descent (jure sanguinis), meaning petitioners will need to identify their most recent ancestor born in Italy and work backwards from…

Dual CitizenshipBlog

Tony Soprano’s Will: Italian and American Inheritance Laws

When James Gandolfini died suddenly in 2013, everyone expected the public affection and grieving for the unforgettable face of Tony Soprano. No one would have imagined the outbreak of…

Real estateInheritance

Paternity test ruled admissible, despite alleged father being deceased

ln 2014 Italy’s Supreme Court ruled on a paternity case that had begun nearly twenty years earlier, concerning a paternity test ruled admissible despite the alleged father being deceased….

InheritanceJudicial

Adverse possession of jointly-owned properties by family members

Adverse possession, also known as “squatter’s rights”, is a legal principle in which an individual who does not have a legal title to a piece of property can acquire…

Real PropertyReal estate

How suppressing a will can lead to being excluded from succession

In July 2019 Italy’s Supreme Court of Cassation affirmed that the suppression or voluntary destruction of a will can result in the perpetrator being excluded from succession (Cassazione n….

InheritanceJudicial

Joint bank account succession: How it works and how much you pay

The first steps to take in a succession for joint bank accounts are the same as in any other succession, i.e. declaration of succession to the Italian tax authority….

Inheritance

Inheritance in Italy: What is Mandatory Declaration of Succession?

What is a declaration of succession? In cases where there are multiple heirs to the estate, only one submission declaring succession is required. If real estate is involved, recording…

Inheritance

No tax obligations on those renouncing inheritance

Italian Supreme Court Rules No Inheritance Tax on those Renouncing Inheritance The Court of Cassation (Italian Supreme Court) affirmed, with the recent ordinance no. 21006 of 22 July 2021,…

Inheritance