Why Can’t I Sell My Inherited Property in Italy if I’m the Only Surviving Family Member?
“There’s no one else… So why can’t I move forward from abroad?” When our client first reached out from the U.S., the situation seemed straightforward. There was a property in Italy, a family loss, and a clear intention to move forward with a sale. From their perspective, there were no competing interests, no shared management, […]
Should I Accept an Inheritance in Italy… Or Can I Inherit Debt Too?
“I thought I was inheriting assets. No one told me I could inherit liabilities.” She hadn’t heard directly from family. The news came through acquaintances in Italy: her father had passed away. They had never been close. She had lived abroad her entire life, and her connection to him was distant, both personally and geographically. […]
Why Can’t I Sell an Inherited House in Italy If It Was Built Legally?
“Everything was done properly… So why is the sale blocked?” If you are managing a property in Italy from abroad, this situation can feel especially confusing. A relative owned the house for years. It was built properly, with the right approvals in place, and for decades it was simply part of everyday life, unquestioned and […]
Buying an Inherited Property in Italy? Stay Protected
Purchasing a home is a significant step — and it becomes even more delicate when the property originates from an inheritance. The seller can often present themselves as the sole heir of the deceased owner, with a valid succession declaration (“dichiarazione di successione”) in hand. But what happens if, months or even years later, it […]
More Clarity on Cross-Border Successions from the Italian Supreme Court
On January 23, 2025, the Italian Supreme Court (Corte di Cassazione, Second Civil Section) issued decision no. 1632, a ruling that clarifies key aspects of cross-border successions, or inheritance, disputes. The case involved a contested will, questions of mental capacity, the sale of inherited property, and – most importantly – the complex intersection of Italian […]
The Latest Insights from Italy’s Supreme Court on Declarations of Succession and Tacit Acceptance of Inheritance
The Italian Supreme Court, Second Civil Section has once again addressed a delicate point of inheritance law: whether the mere filing of a declaration of succession amounts to tacit acceptance of inheritance. With its ruling no. 5474 of 23 January 2025, the Court clarified the boundaries of this principle, providing useful guidance for heirs, practitioners, […]
Taxation in the Division of an Italian Estate: Jointly-Held Assets
Unlike probate processes in some countries, Italian inheritance doesn’t automatically transfer ownership of assets directly to individual heirs upon the decedent’s passing. Instead, the process typically involves a declaration of acceptance of the inheritance by the heirs. However, once the legal formalities are concluded, the heirs become co-owners of each and every property within the […]
Joint Inheritance: A Recent Ruling by the Italian Supreme Court
Recently, the Italian Supreme Court (Corte di Cassazione) ruled on a complex case of joint inheritance, providing important clarification on the legitimacy of legal action by individual heirs. The case began with the death of one of two business partners. The surviving partner, without involving the deceased partner’s heirs, registered all the company assets in […]
Invalidity of Agreements Waiving Future Inheritance Rights: A Recent Supreme Court Decision
The Italian Supreme Court recently reiterated that agreements in which parties waive their future inheritance rights are invalid under Italian law. In the case examined by the Court, the agreement was particularly insidious because it initially did not appear to violate the law. However, the Court identified and sanctioned it. Here are the facts. Upon […]
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. The case in question involves a relationship between a wealthy man and his secretary and director of domestic staff, which resulted in a daughter being born […]
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. 17870). a) the suppression of a document that can be qualified as a will, or In cases where an heir is accused of suppressing a will, […]
What happens if a Declaration of Succession misses its deadline?
By law, succession must be declared within 12 months of its opening (generally considered the date of the testator’s death), with penalties levied for both delays and omission. Despite the threat of sanctions, delays do occur owing to lack of interest, discord between heirs, and a desire not to pay the related taxes. If the […]
Heirs and the deceased’s bank accounts in Italy
Heirs and deceased’s bank accounts in Italy The heir nevertheless has a right to access information pertaining to the deceased’s banking or credit history. Article 119 of the Italian T.U.B. (Consolidated Banking Act– Legislative Decree No. 385 of 1 September 1993) states that “the client, he who succeeds (the testator) in any way and who […]