An inheritance can involve property, bank accounts or business interests in Italy while the deceased or some heirs lived abroad. We examine the Italian legal component of cross-border estates and disputes between heirs.
Which law governs the estate?
Nationality, residence and the location of an Italian asset must be analysed separately. In relevant European cross-border cases, Regulation (EU) No 650/2012 may affect the law governing succession and the recognition of succession documents; its application cannot be inferred from nationality alone.
Italian property and disagreement among heirs
Questions commonly concern the identification of heirs and assets, testamentary provisions, indivision, property valuations, division, reimbursement claims and the possible infringement of protected inheritance rights. Each requires an assessment of the documents and of the governing law.
Coordination with foreign advisers
Where overseas notaries, solicitors, tax professionals or estate administrators are involved, the Italian-law mandate can be clearly delimited. Legal representation and tax or notarial activities remain distinct, with appropriate specialist coordination if needed.
First review of an international inheritance
Identify the deceased’s habitual residence, nationality, date of death, the Italian assets and available wills or certificates. A timeline and an indication of disputes or impending transactions help establish priorities.
Who provides the Italian legal advice?
The Italian-law component is handled under the professional responsibility of Alfonso Maria Fimiani, a lawyer admitted to the Bar of Nocera Inferiore. His professional and academic background can be independently checked through IR Global and Sapienza University of Rome. We identify the issues, documents and fees before a mandate is accepted.
Inheritance involving Italy: habitual residence, nationality and the assets are distinct
An overseas heir who discovers that a deceased relative owned an apartment and a bank account in Italy should not assume that Italian succession law automatically governs the entire estate. Regulation (EU) 650/2012, as applied by participating Member States, generally uses the deceased’s habitual residence at death as its starting point and, under specified conditions, permits a choice of the law of nationality. The applicable succession law, jurisdiction, evidence of heirship and the transfer or registration of Italian assets must therefore be examined separately.
An Italian-law assessment may identify the will, date and place of death, nationality and habitual residence, family relationships, any previous succession proceedings and the location and character of the assets. Reserved-share claims and the validity or effect of testamentary dispositions depend on the law ultimately applicable. Italian succession taxation and cadastral/transcription formalities are separate from the conflict-of-law question and may require notarial and tax cooperation.
Regulation (EU) 650/2012 — succession.
Related Italian-law services
Services for foreign individuals
For a preliminary enquiry, use our contact page. Please do not send confidential documents before the appropriate professional channel has been agreed.
Cette page est également disponible en français.