Declaration of absence in Italy

Pursuant to Italian civil code, when a person has no longer appeared in the place of his last domicile or residence and there isn't any new about him, the court of last domicile or residence, upon the request of whoever is interested or the alleged legitimate successors or prosecutor, appoints a curator to represent the absent person and take care of its assets.

If there is a legal representative, the court can't appoint the curator, while if there is an attorney, the court shall act only for acts that the attorney can not do.

After two years from the date of the last news, the alleged legitimate successors and anyone with interests or rights over the assets of the absent person, may ask the declaration of absence to the competent court.

When the judgment becomes executable, the court upon the request of any interested person or the public prosecutor, orders the opening of any last will.

The people who would be legitimate or testamentary heirs if the absent were dead on the day of the last news, may apply for the temporary possession of the assets.

If during the temporary possession, the missing person appears or there is an evidence of his existence, the declaration ceases its effects.

For more information, please contact Lawyers in Rome

Please, see also:

Legal advice on last will and testament in Italy

Revocation of a last will in Italy