Wills, succession and probate law
Our international and Italian clients frequently request advice on drawing up a will to cover their Italian property or amending their existing wills to cover worldwide property and we can advise on a solution based on each person’s individual needs, assets and family situation.
We are able to arrange for the presentation of a succession declaration in Italy and the transfer of Italian property to the heirs. We often work alongside UK-based probate solicitors and executors in complex cross-border estates where the heirs are also dealing with property in the UK which requires a Grant of Probate. We offer advice and representation to heirs in resolving disputes over the deceased’s property.
We provide specialist advice in relation to the conflict of the common law rules of succession, which are based on the principle of a testator’s freedom of disposition, and the rules of Italian succession law, which provide for fixed shares to pass to certain family members.
The 2009 draft proposal for an EU Regulation on Wills and Succession law was aimed at harmonising rules of succession law in Europe, although at this stage the UK and Denmark do not intend to opt-in to the Regulation. The new European law is expected to come into force in about 2013, and will give clear guidance on which country’s law is applicable to a succession and which jurisdiction is competent in the case of conflict. This subject is very relevant for British clients living in Italy or who own property in Italy, and Italian clients who own property in the UK, given the conflict of laws between the two countries. The evolution of this new European law has been closely followed by Solicitor Charlotte Oliver who gave a presentation on the subject to the conference held by the Fondazione Italiana del Notariato in Treviso in 2010.
Charlotte Oliver
Jessica Zama
