x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
Italian Real Estate Inheritance Law: What You Need to Know
Italy, with its rich history and beautiful landscapes, is a favourite destination for many tourists. For some, they choose to buy property or make Italy their second home. However, often the British owner of an Italian property who chooses to live in Italy, often does not consider the inheritance laws in Italy. When dealing with a relative’s estate in Italy, it is recommended that you seek advice from Italian lawyers (Avvocati).
In this guide, we will explore the laws of inheritance in Italy and how you can inherit Italian property as a British national. We will also explore who the “heirs” are in Italian inheritance law, whether you can sell the Italian property you have inherited, and how our experienced Italian lawyers at Giambrone and Partners can help.
Click on the links below to jump to that section:
Discover more about the various laws surrounding inheritance in Italy
Find out if property is included in an individual’s estate
If you are not an Italian national, can you inherit Italian property?
Discover more about who is considered an heir when it comes to inheriting Italian property
If you have inherited property from Italy, there are some factors you need to consider before you sell
Here’s how our international lawyers can assist
What are the Laws of Inheritance in Italy?
Italian inheritance law is based on the principle of "forced heirship,” also known as “legittima.” This means that certain portions of the deceased’s estate are statutorily reserved for specific heirs, ensuring that they cannot be disinherited. The Italian Civil Code sets out the rules for succession, which can be modified by an Italian will, but only to a limited extent. Unlike the UK, Italian citizens cannot freely dispose of their estate to whomever they wish to inherit, members of the family are automatically entitled to a prescribed share of the estate.
Italian law determines the division of assets. This is known as "intestate succession." A will, if present, can only dispose of a small portion of the estate, with the rest being subject to the forced heirship rules.
If you need legal assistance concerning Italian inheritance disputes and trusts, our Italian avvocatos can help.
Is Real Estate Included in Italian Inheritance?
Yes, real estate is an asset and just like other Italian assets any properties owned by the deceased are included in the estate. Upon the death of the property owner, the estate (which includes real estate) is divided according to the will, or in its absence, in accordance with the provisions of the Italian Civil Code.
Any debts associated with the property, like mortgages or taxes, will first be settled from the estate before distribution to heirs. If the estate doesn't have sufficient liquidity to cover these debts, the property itself may need to be sold.
You can find out more about Italian property and inheritance in our previous guide here.
Can I Inherit Italian Property as a British National?
Italy does not discriminate between its citizens and foreigners in respect of the inheritance laws. So, whether you are Italian or not, if you are named in a will or qualify under the intestate succession rules, you have the right to inherit Italian property.
However, international inheritance can be complex. Dual taxation issues might arise if the deceased’s home country also taxes the inheritance. It's advisable to consult with experts familiar with both Italian and your home country's inheritance laws.
Who are the Heirs in Italian Inheritance Law?
Each heir, known as a “forced heir,” is generally categorized into three primary classes:
Immediate family: This includes the surviving spouse and children. If a deceased person leaves behind a spouse and three children, for example, the spouse will receive half of the estate, while the children will equally divide the other half.
Ascendants and collateral heirs: If the deceased had no children, the estate is divided between the surviving spouse, parents, siblings, and nephews/nieces.
Other relatives: In the absence of the immediate family, other relatives up to the sixth degree can inherit, but this is rare.
If there are no identifiable heirs, the Italian State inherits the assets.
Can I Sell Italian Property I Have Inherited?
Once you've inherited a property in Italy, it is legally yours, and you have the right to use or dispose of it as you see fit. You can sell it, rent it, or keep it for personal use.
However, there are certain things to consider:
Consent from co-heirs: If the property was inherited by multiple heirs, and you jointly own the property, you'll need the consent of all the co-heirs to sell.
Taxes: Upon selling, you'll be subject to Italian capital gains tax if the property is sold within five years of inheritance.
Legal assistance: Especially for foreign nationals navigating through the real estate selling process can be challenging. Engaging an Italian lawyer can help in understanding the nuances, ensuring compliance, and getting the best value for the property.
You can find out more about Italian probate in our advice centre.
How Giambrone and Partners Can Help
Inheriting property in Italy is governed by specific rules and regulations that are integral to the Italian legal system. Whether you're a local or a foreign national, understanding these laws can ensure that you navigate the process smoothly and know your rights and responsibilities. As always, when dealing with international inheritance, it's beneficial to seek expert advice to make well-informed decisions.
Here at Giambrone and Partners, we have an expert team of qualified Italian Avocattos who understand Italian inheritance laws and real estate, ensuring your case is dealt with professionally. To find out more, get in touch with our expert team today.
Related content