SCLN Legal Network

Inheritance

SCLN

INHERITANCE

The migratory phenomenon has always characterized the man for searching and improving living conditions in other countries that, potentially, are capable of rising higher expectations than the place of birth.

Since the 19th Century, Italy has been affected a large emigration to other countries. After the Second World War, millions of Italians left the “Bel Paese” to try their luck elsewhere.

Nowadays, while on the one hand we are witnessing migration flows towards Italy for the same reasons experienced by Italians in the post-war period, the motivations that lead Italian citizens to seek new prospects for life abroad are now different.

Together with the effect of emigration, the ease of movement and markets globalization, lead both businessmen and private citizens to deal issues involving the law of two or more different jurisidction.

One of them is the Inheritance Law for sure.

All legal systems grant titles, debts; rights, obligations to the heirs upon the death of a person (mortis causa succession).

The complexity of cross-border succession, involving Common Law or Civil Law, make it difficult for heirs to see how to succeed the assets of their “assignor” (dante-causa).

The following example may be presented: an Italian citizen, resident in Canada domicilied in the States, owner of real estate in Italy and UK, after his death is leaving his heirs at law italo-canadian citizens, resident in Italy and Australia.

This practical case above mentioned, is involving the rules of different Countries, simultaneously.

Dealing with legal institutions that are unknown to some legal system or barely used in hereditary succession ‘s practice of certain Countries, as the “probate” or the estate executor, requires to entrust highly qualified practitioner to follow up last will and testament or just comply the inheritance law.

Identify the applicable law is the fundamental step to avoid mistakes that could lead to serious consequences (i.e.: nullity or voidability; taxation’s related issues).

When it comes to implement an international’s succession, the rules of international private law, regulations and customs, are just one of the aspects that has to be taken in the frame: often the successor will find himself dealing with documents drawn up in a foreign country – first of all the will - that need to be legalized to have effect in the Country the heir wants to.

SCN Legal Network and its Team of practitioners are capable of handling all stages involved in this complex field and assist their client to take the right steps: from the heirs’ identification till the final settlement.