10985 The legal maze of inheritance

Real life scenario which cannot be uncommon: English husband (2 children from previous marriage to English wife, 2 young daughters from marriage to present Italian wife). Buying Italian property shortly. 2 potential problems arise..
a) Husband dies first ..sons have a potential claim on his share of the immovable property
b) Wife + daughters die....part of the property is inherited by her sister + mother,

3 solutions appear to prevent the above problems materialising.

Solution 1. Husband draws up an English will to declare that he wishes the Italian law of succession to apply. Outcome..the house passes to the wife + daughters in 3 equal parts.

Solution 2. Wife gets her potential successors ie mother/sister to renounce any future claim on the house.

Solution 3. The house is purchased in the names of the children, and held in trust. In the event of their deaths, the parents inherit 50/50, assuming there are no grandchildren.

Would anyone like to comment or disagree with 1,2,3 above? It has taken a while to disentangle all the different and conflicting views on the tricky subject of inheritance. I don't think that comunione/separazione dei beni makes any difference to the above.

Category
Legal

B) I am informed by someone who works in this area of law that
i) The Italian law of succession is such that, in the event of death of wife + daughters, the usufrutto husband would inherit two-thirds of the property, with the remaining third split between her mother and sister
2) An Italian will left by the wife could ensure that 100% of the property be left to the survivor husband

[quote=redimp98;103402]................................Would anyone like to comment or disagree ......... It has taken a while to disentangle all the different and conflicting views on the tricky subject of inheritance. I don't think that comunione/separazione dei beni makes any difference to the above.[/quote]

Talk to a lawyer, and get a will drawn up that does what you want.

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