My later mother passed away 10 years

02/20/2017 - 08:16

My later mother passed away 10 years ago and made a will. Successione took place a few years ago in Italy. One of the heirs now wishes to challege the will in Italy, is there a time frame in which this can be done in view of the time passed?Than You

Topic

Comment

Dear Ugo, Since last writing to you the situation has changed somewhat. Not heard anything as yet with regards to the Will being contested by my sister.In the meantime legal proceedings have commenced All 5 heirs have received individual letters from a solicitor for non payment of Condominium Bill amounting to Euros10,000.. My brother and myself have paid our share  a total of 18/30 (£6000,00) . What I would like to know is 1) Will the solicitor continue with his legal proceedings now that the sum owing has dropped?2) Is there a Condominium Code of Conduct ?We have always received hand and not typed minutes of meetings.3) What would be the solicitors next step? Many Thanks   

https://www.e-glossa.it/wiki/prescrizione_del_diritto_di_accettare_l'_eredit%C3%A0.aspx Ai sensi dell'art. 480 cod.civ., il diritto di accettare l'eredità si prescrive in dieci anni. Il dies a quo coincide con il giorno dell'apertura della successione o, nell'ipotesi di istituzione d'erede sottoposta a condizione sospensiva, dal giorno in cui si verifica l'evento che determina l'efficacia della delazione ereditaria. Ciò si spiega agevolmente, considerando che soltanto quando si sia verificata la condizione sospensiva diviene attuale la delazione nei confronti dell'erede istituito sub  I suggest you to use a NOTARY for this  http://www.notariato.it/en Ugo, by Lifeinitaly.it see >  

If it is one of the heirs that was cited in the will and the succession has been done that I would assume that the heir in question would have already accepted/not accepted the succession.    If they accepted and have now changed their mind it becomes a lot more complicated.   You need to talk a notaio.  There are Italian notaries in the UK if you are there, at least 2 in London that I know of.  

Hi Ugo.Thank you for reply, much appreciated. Yes, my sister was cited on the will but with the legal minum requirement under Italian law. The Successione was passed a few years ago and she has never declined it. My sister is challenging the will due to the fact that myself and my brother were nominated as executors with the 'porzione disponibile' My sister is challenging the will on medical grounds. I hope that this has put more light on the situation.