Photos of Italy - Italiansrus.com
Home Advertise Articles Email Forum News Store

Resources
Art, Cuisine, Famous Italians, Festivals, Folklore, Genealogy, Holidays, Hotels, Photos, Real Estate, Sports, Travel and More

Guides
  • Buying Property Guide
  • City/Island Guides
  • Inheritance Guide
  • Regional Guides
    Surname Collection
    Add your name to the collection.
    Recipes
    Authentic Italian recipes for you to enjoy.
    Photo Galleries
    Enjoy photos of Italy, wine making & more.
    Proverbi
    Proverbs in Italian & English.
    Our Paesani
    Weekly column dedicated to today's Italy.
    by Francesca Di Meglio

    Italian Memories
    Articles on growing up Italian.
    by Cookie Curci

    Una Mamma Italiana
    Articles for Italian mammas.
    by Tiffany Longo

    Learn Italian
    English-Italian guides
    Spanish-Italian guides.

    Molto Italiano
    Sign up for our FREE newsletter.
    Trivia
    Test your knowledge of Italy.
  • Is Your Last Will the Way?
    Your last wishes may be overridden by Italian law

    by Anthony Alioto of Italianlaw.net

    You will be shocked to learn that Italian law may not agree with your desires and might even impose the distribution of your Italian assets in a different manner than you had intended - regardless of your citizenship or residency. Only those who have never married and are childless may distribute their Italian assets however and to whomever they choose. In short, when an immediate family members exist, assets in equal shares always go to the immediate family (i legittmari). Those outside of Italy writing wills thinking they can do as they please with their assets in Italy frequently are surprised and angered when their desires are overturned.

    Let me explain. Suppose your last will and testament, written in the U.S., expresses the following: to my oldest son living in New York, I leave the house in Naples and the Alfa Romeo; to my wife, I leave the summer home in Sicily along with its 50 acres of olive groves; and to my daughter, who never visited me except when she wanted money, I leave my butterfly collection.

    The daughter, of course, who rarely came around would suddenly appear to present a formal protest in which she demands an equal share. Should the surviving spouse or son refuse to alter the distribution of the father’s will, the daughter could then attempt to petition the courts for a la Reintegrazione della Legittima. This means simply that the daughter's legal representative could ask the courts to distribute the estate in proportions provided by Italian law. If a compromise cannot be reached by all parties, Italian courts tend to put the heirs on an equal footing.

    According to Italian law, there are minimum percentages that must go to the immediate family, and unless the daughter, in this example, agrees to accept less, then the minimums must be adhered to. In the above example this means: 25% to the surviving spouse, 50% to be divided among the children (this percentage does not change, no mantter how many children). The remaining 25% may be freely willed. (We will talk more about this last 25% called la Disponibile in a future article.)

    Here are the hypothetical breakdowns of the fathers' last wishes and how they would be executed according to Italian Law:

    Fathers'Last Wishes:
    House in Naples & carson$1,000,000
    House + olive grovewife$500,000
    Butterfly collectiondaughter$4,000
    Total Estate $1,504,000

    Distribution of estate according to italian law:
    Division between children: $1,504,000 ÷ 4 = $376,000 each

    Thus the prodigal daughter would see her share of the estate raise from $4,000 to $376,000. This is certainly not what the father had in mind.

    Moral of the story: if you really intend to treat family members unequally relative to the will, Italian law may override its intent.


    Related Articles:
    Claim Your Italian Inheritance Losing Your Italian Inheritance
    Scorpions and Italian Real Estate Using the Inheritance Wild Card


    About ItalianLaw.net
    Italian Legal Language Services is a U.S. based Company offering assistance to individuals and attorneys on matters of Italian inheritance law, real property title searches, marriage and divorce proceedings in Italy as well as assistance on pensions and general administrative issues.

    Share

    Follow Us
    find-us-on-facebook-logo

    Featured Item


    Shirts & Novelties

    Partner Links

    Shops/Stores

    Italiansrus Gear
    Proudly display the colors of Italy with these great products.

    Speak Italian? Speak it better! Subscribe to Tutto italiano Today!

    Italian Charms
    Huge selection of Italian charms and jewelry.

    FORZIERI.com
    The world largest online retailer for Premium Italian Fashions.


    Cuisine/Food

    CyberCucina.com
    Fine gourmet foods and more.

    Gustobene.com
    Use code Italiansruspromo to receive a 10% discount off your entire purchase.
    Travel

    Tour Italy
    Customize your trip to Italy.

    Booking IT - 140x140


    | Home | Email | Forum | Newsletter |

    Copyright © 1998-2017 Anthony Parente. All rights reserved.