3965 domicile?

my father recently died in italy, leaving no will and my fathers partner and her son were at his house with him caring for him when he died. They were only in italy for 3 weeks. My dad left no will, and although he had 4 children in his marraige and a wife, his partner and son are claiming a right to the house, and all his estate.

They are apparently claiming it under some kind of "domicile" or residency condition. Does anyone know anything about this?

My father was italian. His partner and son are not italian citizens or residents (save the 3 weeks they were there with him before he died)

thanks:confused:

Category
Legal

Submitted by Anonymous (not verified) on Fri, 06/16/2006 - 19:44

I'm think all children in Italy have an equal right to inherit even if their parents were not married - if I remember correctly you can not "disinherit" legally recognised kids in Italy..even if you want to! :D

However, it's not 100% clear from your post if the partners son is also your fathers son (or not), but I'm sure Notaio can help further.

Submitted by Anonymous (not verified) on Sat, 06/17/2006 - 03:48

Mark,
I am an architect and not a lawyer, so take what I am saying with a pinch of salt.
Domicilio just means where you are living. Coppie di fatto, that is common law couples, couples that have lived together for several years but nevre got married, in Italy are not recognized, there is a big discussiona about pacs going on at the moment, the Pope not being happy about giving them any rights.

So what they r claiming sounds suspicious. The fact there is no will just means that your father's properties will be equally split between the natural sons, your mother might be entitled to something, not his partner, unless they co owned the properties....

You van certainly consult a lawyer if the situation gets hot...

Good luck, and sorry for your loss

Paola

Submitted by Anonymous (not verified) on Sat, 06/17/2006 - 12:35

Under Italian law [I]successione[/I] defines the statutory rules of inheritance governing the allocation of a deceased person’s estate. Inheritance can either be intestate (without a will) or by will (testacy). In both cases, Italian law prevents the exclusion of [I]eredi legitimi[/I] (legitimate heirs) from hereditary succession, with the exception of situations described in article 463 of the Italian Civil Code

In essence, legitimate heirs are entitled to their share ([I]quota di leggitima[/I]) of the inheritance. Legitimate heirs include the surviving spouse, children, or in the absence of children, close relatives.

Best thing to do is to seek legal advice on the matter.

Submitted by Anonymous (not verified) on Thu, 06/22/2006 - 13:55

Hi Mark,
I can help you but I need more information.
Was your father divorced from your mother?
What do you mean for "partner"? Married?
Is the son of the partner your half-brother?

All the best,
Massimo

Submitted by Anonymous (not verified) on Mon, 07/10/2006 - 18:40

sorry for taking so long to reply to your replies!

no, my father was not divorced from my mother.
when i say partner, i mean he was living with this woman in the uk and had a child with her.
yes, this child is my half brother.

She, my fathers partner, is claiming that she was setting up home with my father in italy, and in actual fact she may have bought a sofa or a bed etc for the house as part of the renovation. she says that we cannot apply for succession now as she is the key holder, she has domicle and therefore she can say when we can and cant visit the house until the money situation is sorted out.

thanks for any further help

Submitted by Anonymous (not verified) on Tue, 07/11/2006 - 14:54

Hi,
the partner of your father has no inheritance rights, least of all the right to live in the house (right reserved by the law to the wife).
On the other side your half-brother could have the same inheritance rights as you (more or less).
How old is him?
Anyway as long as there is no the sharing of the inheritance, your half-brother (and the mother if he is underage) can use the house but he/they can not forbid you, your brothers and your mother to use the house too.
The situation is complicated.
I work in an Italian law firm, if you need any help to solve all your problems I can help you to keep your rights respected.

This is my email: [email]altissimo@studiotiberti.com[/email]

All the best,
Massimo

Submitted by Anonymous (not verified) on Tue, 08/08/2006 - 07:59

does the fact that my fathers mistress can prove that she made some payments towards the renovations of the house, improve her claim or lessen mine in any way?

Submitted by Anonymous (not verified) on Tue, 08/08/2006 - 08:56

On this occasion, I would strongly suggest that this matter is best discussed with a lawyer, rather than in the forum.

You obviously need professional advice from someone used to dealing with Italian inheritance law. My worry is that the more you delay, whilst seeking advice from this forum, the weaker your case could become.

Submitted by Anonymous (not verified) on Tue, 08/08/2006 - 10:18

Hi Mark,
as I told to you the mistress of your father has no inheritance rights.
Your half-brother could have the same inheritance rights as you if he has been recognized by your father.

The situation is complicated!
Alan is right, you need a qualified legal aid.

All the best,
Massimo