Successions
Successions
Succession may be testamentary – when it is regulated by a will – or legitimate – when, in the absence of a will, it is regulated by law.
In relation to successions, the role played by our firm is essential in many cases, as we can offer assistance to the deceased’s relatives in order to commence all necessary formalities to be able to activate the transfer of the deceased’s assets to his/her heirs, as well as to check if there have been any violations of the entitlement to inherit and other rules of law.
The law, in fact, protects the position of the deceased’s closest relatives, reserving to them a share of the assets of the same (known as “entitlement to inherit”), possibly even against his or her will.
That share corresponds to the part of the assets of which the testator may not dispose (known as “unavailable share”), as it is reserved to those entitled to inherit, expressly identified by Art. 536 of the Italian Civil Code, as the spouse, children (even adoptive), and ascendants.
