How is inheritance distributed in Italy?
Division of inheritance under Italian Law.
Pursuant to Italian inheritance law, if the deceased didn't leave any will, the distribution of the inheritance will be distributed according the following rules:
- if the deceased had not spouse and children, the inheritance will be given to the parents and brothers and sister.
- if the deceased was not married, but leaves children, the inheritance will be given to the children who will share equally.
- if the deceased was married, but don't leave children, ascendants, brothers or sisters, the full inheritance will be given to the spouse.
- if the deceased was married and leaves one child, the spouse will inherit the half of the inheritance, while the other half will be given to the child. If the children are more, the spouse will inherit a third of the inheritance, while the rest of the estate will be given to the children, who will share equally.
- if the deceased had not children, but leaves the spouse, ascendants, brothers and sisters, the spouse will inherit two-thirds of the estate.
De facto unions are not recognized by Italian law for the purposes of succession, therefore the unmarried partner is not entitled to the succession. However, the testator can do testament in favor of his/her partner.
To know more about last will and testment in Italy, please see also:
Legal advice on last will and testament in Italy
Inheritance law in Italy: the reserved portion
Revocation of a last will in Italy
Acceptance of inheritance and benefit of inventory in Italy
Italian jurisdiction for international succession
For more information, please contact Lawyers in Rome
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