Italian Inheritance Disputes and Trusts

Giambonre & Partners inheritance and trust disputes department is one of the leading dedicated contentious probate teams in Italy. Our English speaking well regarded lawyers can provide a comprehensive inheritance dispute and contested probate service. 

Our services not only comprise part of our Italian wills service but also apply internationally where inheritance and the division of cross-border estates become contentious and develop into multi-jurisdictional conflicts.

Unravelling a Disputed Inheritance

We understand challenges that families face when disputes arise over an inheritance, will or trust.  Our lawyers apply the right balance of expertise, sensitivity and tenacity when resolving these issues.  Our Italian inheritance lawyers are well versed and highly experienced in dealing with all types of disputes in Italy relating to Wills, estates and cross-border trusts, where the deceased was Italian, of Italian origin and has inherited all or part of the estate in Italy.

Our lawyers are very aware that the death of a partner, parent or other loved one is always distressing. This stress can be significantly amplified should a challenge is mounted by relatives or others to challenge the will or make claims to share the estate.  

Which Will is Valid?

A situation can be further complicated as often the wishes of the deceased expressed in a foreign will may be contrary to the rules of fixed inheritance set out by the Italian civil code. Should the deceased die intestate with no Italian will in respect of the Italian estate, however there is a foreign will outlining the dispersal of the deceased's assets, the heirs will need expert legal advice as to the validity of the foreign will and it is enforceable in Italy.

Our lawyers offer expert legal advise on all matters relating to disputed inheritances and wills. This includes challenging the validity and recognition of a foreign will in Italy where a claim questions whether a beneficiary has been left adequate provision by the deceased  - either under the will or, where there is none, under the intestacy rules.

We often advise foreign clients or second/third generation clients of the correct distribution of an estate located in Italy, whether it consists of Postal Bonds (“Buoni Postali Fruttiferi”), release of funds left in Italian bank accounts, transfer of title deeds of immovable properties all over Italy and all types of contentious and non-contentious probate matters.

Disputed Trusts

Our inheritance solicitors advise on disputes in connection with foreign trusts, where all or part of the assets are located in Italy or subject to the jurisdiction. This includes disputes between trustees and beneficiaries over the management of the trust fund or the distributions made to beneficiaries in addition to challenges to the trust itself and the assets held within it.

Our dispute resolution experience means we can act for individuals or groups of beneficiaries, trustees and personal representatives – even if the disputes involve cross border issues (with beneficiaries, trustees or assets situated outside Italy). Our clients benefit from timely and sympathetic advice on the wide ranging legal implications of making or defending such a claim from specialist Italian solicitors.

No matter what the nature of your inheritance dispute our team will be able to advise you on your case and discuss the funding options available to you.

We offer expert legal advice in:

• inheritance act claims
• will disputes
• cross-border inheritance disputes
• claims involving agreements regarding real estate
• disputes with executors
• claims regarding lack of mental capacity
• burial disputes
• disputes over the identification of beneficiaries

Giambrone & Partners will advise you on the approach for your dispute, drawing on  their extensive experience in these complex matters.

Whatever the situation, we know that each case is unique in representing the wishes and lifetime achievements of an individual. As a result, any disputes are likely to be stressful so we aim for an early resolution – using alternative dispute resolution methods, such as mediation, wherever possible.

If you require further information or assistance, please complete the on-line enquiry form here or email us at: clientservices@giambronelaw.com.