Hello Balilee7, Before…
Submitted by Luxury Law on Wed, 06/10/2020 - 09:01Hello Balilee7,
Before answering your question, I need to know if you and your husband got married in separate or joint assets.
In this last case, you can make a will for your part of the ownership.
One more information might be useful for you: under Italian law we have a so called "Quota di Legittima", which means that your children, but also your husband, are protected by law in terms of receiving a portion of the inheritance. This happens independently from drafting a Will or not.
Of course, we need to make sure that Italian law is the one which will be applied. This also depends on the Country where you have spent most of the time whilst married.
The answer by Luxury Law is…
Submitted by Anthony Alioto on Thu, 07/02/2020 - 21:09In reply to Hello Balilee7, Before… by Luxury Law
The answer by Luxury Law is correct. If you more detail and subsequent assistance on filings to address the issues... even from outside of Italy, you may contact our office
Anthony Alioto
Italian succession law is a…
Submitted by modicasa on Thu, 06/11/2020 - 02:30Italian succession law is a bit of a minefield - and alot depends where you live. If, for example, you are French and you live in France with a hholiday home here, then a French (international) will can cover the succession of your Italian home.
If you are British , but have lived in Italy for a while, then Italian succession law will cover your Italian property even if you have a British will.
The UK opted out of the latest European laws on succession in 2016 (I think) which complicates it all a bit more.
In your case, there are a few unknowns - if you are Brits and married in Britain without any specific separation of goods, (and spend the majority of your married life there) then you are in communion of goods - but the house was bought by your husband before you were married in his name only - so its 100% his. Stepchildren have no automatic insertion into the Italian succession law, so assuming your husband were to die without a will, everything depends on whether he has other children. If not then the default position is that you would inherit. You can then leave the house to your children who would get it even if you didnt make a will.
As you can see there are infinite variables. Id suggest you contact Charlotte Oliver at www.oliverpartners.it who is a British and Italian lawyer working out of ROme, and she will undoutedly be able to help you.
Completely agree with…
Submitted by Tony114 on Mon, 06/15/2020 - 14:49In reply to Italian succession law is a… by modicasa
Completely agree with comprehensive reply from modicasa. I live in UK but have a place in Italy which my British solicitor told me needs to be covered by an Italian will but my experience is that certain direct relatives have rights that cannot be over-ruled by any will.
Hi. If you have a…
Submitted by modicasa on Tue, 06/16/2020 - 02:36In reply to Completely agree with… by Tony114
Hi. If you have a holographic will (handwritten and very simple) which directs the Italian authorities to your British will, then once it is publshed in Italy it can take precedence over the law of succession here. Its just a question of being organised really, and keeping up with all the changes in Italian law. Obvioulsy if you leave everything to the donkey sanctuary it might be contested though.