Inheritance law and Inheritance tax law
Will, inheritance and inheritance tax return
LAVVIT Italy lawyers advise you in all German-Italian inheritance law cases and in the drafting of wills, as well as in all inheritance tax issues. In principle, according to the European Inheritance Regulation, the inheritance law of the state in which the deceased has his habitual residence applies and this is not the Italian "Residenza."
Testament for Germany and Italy
Clients who are at home in Germany and Italy must be careful when drafting their will. According to the European Inheritance Regulation, the testator can choose German or Italian inheritance law in certain cases. The wills must take into account the German compulsory portion quotas or the Italian real compulsory portion inheritance law.
The German-Italian inheritance
In the event of an inheritance, LAVVIT Italy lawyers will check whether German or Italian inheritance law is applicable. Even if German inheritance law is applicable, Italian inheritance tax law can be applicable alongside German tax law, especially if the deceased left real estate in Italy.
LAVVIT Italy lawyers handle German-Italian inheritances, and communicate with other heirs or legatees, banks, insurance companies, etc. While in Germany the universal succession of the heir occurs with the death of the testator, under Italian law the inheritance must be registered expressis verbis with a notary or through implied actions as these are also accepted. Which variant makes sense must be clarified in each individual case. Sometimes it can also make sense to accept the inheritance with the limitation of liability to the estate (unthinkable in Germany.) The waiver of an inheritance.
Inheritance tax return for Italy – the “Successione”
LAVVIT lawyers make the inheritance tax return (successione) for their clients to the Italian tax authorities. The successione must take place within one year after the death of the testator, otherwise default interest and penalties may apply. At the same time, the transfer of real estate is requested.
Italian inheritance law
Who becomes an heir is determined by law or will. However, Italian inheritance law severely restricts the testator's freedom of testament in favour of the children and the spouse, who enjoy a genuine right to a compulsory portion. Statutory compulsory heirs are the children and spouses of the deceased. In addition, only a very small part can be inherited by will. Inheritance contracts are not allowed.
If the testator left no will, the following applies: If a child and a wife remain, they inherit in equal parts. If the deceased leaves behind at least two children, the wife always inherits one-third; the children divide the remaining two-thirds among themselves. In the case of a childless deceased, the wife inherits the entire inheritance. In the case of an unmarried and childless deceased, the next of kin receives the inheritance in equal parts.
However, if the testator left a will in which third parties are considered, the following applies: the spouse and child each receive at least one third of the inheritance as a real right to a compulsory portion, in the case of heirs of the spouse and several children, the children receive at least half and the spouse at least one quarter; if only one child remains, the minimum inheritance is half of the assets; if several children remain, they will jointly receive at least two-thirds.