Navigating Inheritance Law Across Borders
Handling an inheritance in Italy can be complex, especially if you live abroad, the assets are located in different countries, or the heirs are spread across multiple jurisdictions. Italian inheritance law follows specific rules on succession, forced heirship, and tax obligations, which can differ greatly from the laws in other countries.
Alessandro Nepi provides clear, efficient guidance to both Italian and foreign clients in managing estates, ensuring that the process complies with Italian law while addressing the needs of heirs and beneficiaries worldwide.
Services Include:
Cross-Border Succession
- Coordinating inheritance procedures involving assets in Italy and abroad
- Advising on applicable law under EU Regulation No. 650/2012 (Succession Regulation)
- Managing disputes between heirs in different jurisdictions
Probate & Estate Administration
- Filing the Italian succession declaration (“dichiarazione di successione”)
- Paying inheritance taxes and duties on behalf of the heirs
- Registering property transfers with the Italian Land Registry
Representation for Foreign Heirs
- Acting as local legal representative for heirs residing outside Italy
- Communicating with notaries, tax authorities, and banks on your behalf
- Drafting and authenticating powers of attorney for estate matters
Asset Liquidation & Distribution
- Selling or transferring inherited real estate in Italy
- Closing Italian bank accounts and transferring funds abroad
- Ensuring compliance with currency transfer and anti–money laundering regulations
Why Cross-Border Expertise Matters
Inheritance cases with an international element require more than just knowledge of Italian law, they demand an understanding of how different legal systems interact. As a lawyer licensed in both Italy and New York, Alessandro Nepi is uniquely positioned to guide clients through these complexities, offering solutions that respect both legal requirements and family relationships.
Frequently Asked Questions
Do I have to come to Italy to manage an inherited property?
Not necessarily. You can appoint a lawyer with a power of attorney to handle all procedures on your behalf, including filing documents, paying taxes, and selling the property.
What happens if there is no will?
If there is no valid will, Italian intestacy rules apply, which determine the shares each heir receives. Foreign heirs are still entitled to their portion under Italian law.
How are inheritance taxes calculated in Italy?
Taxes depend on the relationship between the deceased and the heir, with rates typically ranging from 4% to 8% and varying tax-free allowances depending on the heir’s degree of kinship.
Can a will from another country be used in Italy?
Yes, but it must comply with Italian recognition rules and may need to be translated and legalized for use in Italian succession procedures.
What is “forced heirship” under Italian law?
Forced heirship means certain relatives (such as spouses and children) are entitled to a fixed share of the estate, regardless of what a will says.
Disclaimer
The information above is for general informational purposes only and is not legal advice. Laws change frequently, and your situation may be different. For advice about your specific case, please contact Avv. Alessandro Nepi directly.
If you require legal assistance in Italy or abroad, contact the Law Office of Alessandro Nepi to schedule a consultation.
