When a will is published, the inheritance process begins, requiring the distribution of assets or division of the estate. These matters are highly complex and often require specialized legal support, especially when heirs disagree on their rights or how the estate should be divided.
The succession process begins at the last domicile of the deceased. Inheritance can be:
Universal succession: The heir steps into the legal position of the deceased, becoming the legal successor only upon acceptance of the inheritance.
Particular succession: The beneficiary receives specific rights, such as ownership of a property or a sum of money.
Applies when the deceased left no will or only a partial will. In this case, Italian law grants inheritance rights only to relatives up to the sixth degree.
The deceased has prepared a valid will (which can be revoked at any time). Wills can be:
Holographic will (handwritten and signed by the testator).
Notarial will (drafted before a notary).
Even if a will exists, certain heirs (spouse, children, parents) are entitled to a mandatory portion of the estate. The division follows complex calculations based on kinship and competing claims.
Heirs may:
Accept the inheritance (expressly or tacitly).
Accept with “benefit of inventory” (limiting liability to the estate’s value).
Renounce their share entirely.
If an heir believes their rights have been violated, they can challenge the will or file a lawsuit to claim their rightful share.
Our firm provides full legal assistance in inheritance matters, including:
✔ Estate distribution & inheritance division
✔ Will drafting & challenges
✔ Acceptance or renunciation of inheritance
✔ Forced heirship claims
✔ Inheritance disputes & litigation
✔ Tax & legal compliance
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