Italian Inheritance Disputes and Trusts

Our Inheritance and Trust disputes lawyers are one of only a few dedicated contentious probate teams in Italy. Our lawyers are English speaking and ready to provide you with expert legal advice.

Giambrone provide a full Inheritance Dispute and contested probate service, not only as part of the Italian Wills service but internationally when inheritance and the division of cross-border estates may become contested due to multi-jurisdictional conflicts.

We understand the emotional challenges that families face when disputes arise over an inheritance, will or trust which is why we always combine the right balance of expertise, sensitivity and tenacity when resolving these issues; our Italian Probate lawyers can deal with any kind of dispute in Italy relating to Wills, estates and cross-border trusts issues where the deceased was Italian, of Italian origin or left all or part of the estate in Italy.

Our lawyers in the Italian Inheritance Department are very aware that the death of a partner, parent or other loved one is always distressing. This stress can be increased further when the Will is challenged and claims are made by others to share the estate, as often the wishes of the deceased left in a foreign Will may be contrary to the rules of fixed inheritance shares set out by the Italian civil code. In many cases, the deceased dies intestate in respect of the Italian estate but with a foreign Will, and the heirs need expert advice on whether such foreign Will is legally valid and enforceable in Italy.

Our lawyers offer expert legal advise on all matters relating to disputed inheritances and Wills. This includes challenging the validity and recognition of a foreign Will in Italy and claims that a beneficiary has not been left adequate provision by the deceased  - either under the will or, where there is none, under the intestacy rules. We often advise foreign clients or second/third generation clients of the correct distribution of an estate located in Italy, whether it consists of Postal Bonds (“Buoni Postali Fruttiferi”), release of funds left in Italian bank accounts, transfer of title deeds of immovable properties all over Italy and all types of contentious and non-contentious probate matters.

Our inheritance solicitors advise on disputes in connection with foreign trusts, where all or part of the assets are located in Italy or subject to the jurisdiction. This includes disputes between trustees and beneficiaries over the management of the trust fund or the distributions made to beneficiaries in addition to challenges to the trust itself and the assets held within it.

Our dispute resolution experience means we can act for individuals or groups of beneficiaries, trustees and personal representatives – even if the disputes involve cross border issues (with beneficiaries, trustees or assets situated outside Italy). Our clients benefit from timely and sympathetic advice on the wide ranging legal implications of making or defending such a claim from specialist Italian solicitors.

No matter what the nature of your inheritance dispute our team will be able to advise you on your case and discuss the funding options available to you.

We offer expert legal advice in:

• inheritance act claims
• will disputes
• cross-border inheritance disputes
• claims involving agreements regarding real estate
• disputes with executors
• claims regarding lack of mental capacity
• burial disputes
• disputes over the identification of beneficiaries

Giambrone will advise you on the best way forward for your dispute, our Italian lawyers are well trained and have numerous experience between them in these often complex matters.

Whatever the situation, we know that each case is unique in representing the wishes and lifetime achievements of an individual. As a result, any disputes are likely to be stressful so we aim for an early resolution – using alternative dispute resolution methods, such as mediation, wherever possible.

If you require further information or assistance, please complete the on-line enquiry form here or email us at: clientservices@giambronelaw.com.