Italian Cross-border Inheritance, what must be done

Every year there are many people in the UK that find that they have inherited a property in Italy from a distant relative about which they had no idea. Whilst you may be fully aware of your Italian birthright you may be less certain about absolutely all the aged relatives that you may have in Italy.  It can happen that some distant falling out between family members means that the relative is barely mentioned in family circles, therefore when eventually a property is inherited through the strict laws of succession in Italy it comes as a bolt from the blue. 

Unlike the UK in Italy the beneficiaries of a property step straight into all the responsibilities associated with the deceased’s estate, that includes any debts accruing against the property, also the taxes due must be dealt with. Obtaining a grant of probate may prove to be more challenging than in the UK as the bureaucratic procedures in Italy can be complex, due to the information required and the sheer volume of paperwork which is sometimes required by the Italian authorities.  The lawyers at Giambrone highly recommend that the services of an English/Italian speaking law firm with expertise in the field of Italian inheritance and succession laws in Italy are sought to ensure that there are no breaches relating to the liabilities attached to your new acquisition.

The Grant of Probate must be applied for within one year of the death.  An Italian Grant of Probate can usually be obtained from the Italian Authorities, you should be aware that all of the deceased’s assets need to be listed, regardless of whether such assets are located in Italy or abroad.  In 2015 there was the enactment of the EU Succession Regulation to ensure that there was a uniform procedure relating to succession over Europe, however, the UK, Ireland and Denmark did not choose to adopt the new regulation.

From a tax perspective, usually, there are bilateral treaties in force to determine the relevant liabilities on the foreign beneficiaries of an Italian inheritance by the Italian rules of intestacy set out in the civil code and EU regulation.  It will be necessary to attach to the application for a Grant of Probate the following documents: the deceased’s death certificate, the family certificate relating to the deceased, together with that of the heirs and legatees as well and a copy of the will in Italian, if there is an Italian will. 

However, if the debts and liabilities attached to the asset are too great for you to deal with or you do not wish to deal with them, you may decide to renounce the entire inheritance, but first, we would strongly recommend that you seek independent legal advice to ensure that you make a rational and informed decision.

The Lawyers at Giambrone, both in the London office and the Italian offices can assist with the most complex matters including contested wills.

Should you require further information about an Italian inheritance or dealing with probate please click here