12034 Italian inheritance law with second marriage

Hi,

My Mother/Step Father are based in the U.K and have a second home in Lake Como. The house is registered in my Mother and StepFathers names. There are children from both marriages. My Mother/Step Fathers are in the process of amending their U.K will and would like to sort the inheritance of the Italian property at the same time. My Mother and StepFather do not want to include the children from my StepFathers marriage in the inheritance of the Italian property. Am I right in thinking that they should note this wish (handwritten) in the U.K will in the prescence of a Notary in Italy. If they do this would this guarantee the exclusion of the children from my StepFathers first marriage. I suppose the alternative is to sign the house over to me and my Brother. Any advise will be gratefully received. :yes:

Category
Legal

Submitted by Anonymous (not verified) on Tue, 03/31/2009 - 04:20

Hi Jtmwyllis

Would strongly suggest you get legal advice here in Italy. Charlotte Oliver who is a member here, but haven't seen her post recently, is an English solicitor who is also Italian qualified and based in Rome. She is great, always gives extremely clear advice and she has made cross border inheritance issues something of a speciality. [email]C.Oliver@studiopaoletti.com[/email]

Good Luck

Submitted by Anonymous (not verified) on Thu, 05/07/2009 - 11:05

[quote=jtmwyllis;114898]Hi,

My Mother/Step Father are based in the U.K and have a second home in Lake Como. The house is registered in my Mother and StepFathers names. There are children from both marriages. My Mother/Step Fathers are in the process of amending their U.K will and would like to sort the inheritance of the Italian property at the same time. My Mother and StepFather do not want to include the children from my StepFathers marriage in the inheritance of the Italian property. Am I right in thinking that they should note this wish (handwritten) in the U.K will in the prescence of a Notary in Italy. If they do this would this guarantee the exclusion of the children from my StepFathers first marriage. I suppose the alternative is to sign the house over to me and my Brother. Any advise will be gratefully received. :yes:

[FONT=Arial]The problem is complex and it’s difficult to give a certain answer without more details. Anyway I[IMG]http://www.italymag.co.uk/forums/images/icons/icon1.gif[/IMG] still have cases like this and the solution consists in making a will governed by the English law, as according to the Italian law it is very difficult to drive one’s children from inheritance. The solution might be to donate the property to you and your brother, with reserve of usufruct, for your mother and your StepFathers. So you solve the problems.

Submitted by Anonymous (not verified) on Wed, 05/13/2009 - 07:23

Hello Garda Homes...

Just to let you know that I have explained the forum protocols to my colleagues and that I shall now be taking over from them to provide contributions to this forum.