Every year an extraordinary number of people in the United Kingdom with Italian heritage are surprised to discover that they have inherited a property in Italy from a distant relative, often a person about whom they have no or very limited knowledge. Inheritance is gained by being named as a beneficiary in the decease's will or by through laws of succession in the event of the deceased dying intestate.

Italy has strict laws of succession, frequently described as "forced heirship", which designate both the individual and the percentage of the deceased's estate that passes to the surviving relatives. The strict order of succession is governed proximity of the beneficiary to the deceased within the family. If the deceased does not have an immediate family a search is made to find distant relatives entitled to inherit.

There are immediate legal responsibilities attached to the inheritance of a property in Italy. Often the initial delight at inheriting a house in Italy is off-set by the fact that the beneficiary immediately steps into legal responsibility for any debts or taxes attached to the property. The lawyers in Giambrone & Partners inheritance and probate department point out that it is imperative that you act immediately to address all the legal requirements necessary or risk attracting further financial costs due to default.

Francesca Morelli, commented "there is the opportunity to renounce the inheritance if you believe the financial liabilities attached to the property are too great. In that case the inheritance will then pass to the next closest relative to the deceased. However, it is strongly advised that you seek legal advice before taking this step." Francesca further remarked "however, if you decide to accept your inheritance you are, again, you are further advised to seek the assistance of English speaking Italian inheritance lawyers who can guide you through the process."

In order to change the title of the property you have 30 days to submit an application for the "voltura cadastral" to the Italian Agency of the Territory will establish your acceptance of the property and enable the variation of the cadastral details in the registration deeds relating to the property and the transfer of assets, whether land or property, from the deceased to the heirs.

Giambrone & Partners can assist from both Italy and the United Kingdom through our highly experience Italian inheritance lawyers. It may not be necessary to travel to Italy to finalise the change of title for the property as our lawyers can act on your behalf through a Power of Attorney.

Initially, on acceptance of your inheritance you must obtain a Grant of Probate from the authorities in Italy. There is a time limit of one year following the death during which you must manage this procedure. The following documents are required:

  • A death certificate for the deceased
  • Official documentation demonstrating the link between yourself and the deceased.
  • A copy of the will in Italian should be provided. There may not be a will as the strict laws of succession in Italy often result in many Italians not making a will.

The most complex aspect of Italian probate is that now that the United Kingdom is a non-EU Member State and the tax liabilities have varied. Navigating through Italian bureaucracy can be a daunting task; there is likely to be a considerable volume of paperwork that must be dealt with. The itemisation of, the entire estate of the deceased, regardless of location, is one of the most arduous tasks. Our inheritance and probate lawyer can assist by taking some of the burden from your shoulders.

Should a challenge arise from another relative who considers that they have a greater right to the inheritance or should share a portion of the inheritance, our lawyers enjoyed a well-deserved reputation for resolving complex acrimonious challenges.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.