Donations, inheritances, wills and living wills, cohabitation contracts, marriage agreements, disabilities and laws relating to future generations. As a trusted consultant and public official, the notary can help us deal with these delicate situations safely and in full legality.
There are two types of succession: “testamentary”, when it is governed by a will, or “intestate” when it is governed solely by the law. In any case, our legal system dictates that a share of the inheritance, the “legittima”, go to close relatives by right. Thanks to his specific knowledge on the subject, the involvement of a notary is extremely important in making the choices that best suit your needs and in taking all the steps to secure a safe succession.
With succession following a death, one person takes over from another in one or more legal situations that are not extinguished by death.
From the point of view of the assets covered by it, the succession can be one of two types:
The succession can be one of two types:
If there is a will but it does not cover the succession as a whole, it will be partly testamentary and partly intestate.
Certain persons, such as a spouse, descendants or ascendants in the absence of descendants, are in any case entitled to a share of the inheritance. This right to the obligatory “legittima” share poses a limit to testamentary freedom and falls under the so-called “necessary” succession.
Succession following a death imposes a series of requirements from the point of view of taxation.
In particular, within one year from the opening of the succession, those having a right to inherit must submit to the competent Tax Office a declaration of succession. This statement contains the particulars of the successors and the description of the assets of the estate, and serves for the payment of inheritance tax.
Compliance with this tax is of fundamental importance, since it is an essential condition in order to take full possession of the assets received as the result of a death.
In order to acquire the inheritance, one must accept it. Acceptance (which cannot cover only a part of the inheritance) may be: express, by way of a receipt of a notary or the Registrar of the Court in the place where the deceased had his last domicile (and, in the case of minors or incapacitated heirs there must also be an authorisation of the court); or tacit, i.e. inferred from conduct that manifests a willingness to accept (for example, transferring one’s residence to the house one has inherited). If the heir accepts, he also takes on the debts of the deceased.
For this reason, the law provides, with the same formalities required for “express” acceptance, the possibility of:
To facilitate understanding of the different rules governing succession in Europe, the Council of Notaries of Europe (CNUE), with the support of the European Commission has created the site www.successions-europe.eu in the 23 official languages of the 28 countries that are members of the European Union. The site provides the information needed to follow and understand any question relating to a succession in any European country.
The role of the notary
Thanks to his specific training in matters of succession, the intervention of a notary is of utmost importance in all cases of succession following death because he:
In all these areas, the advice of the notary ensures the choices are made that best suit your needs.