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Succession Laws:
Italian inheritance law differs from that of the UK in several respects. Under Italian succession law, spouses and all children (both legitimate and illegitimate) cannot be excluded from inheritance, even by a will. This means that property cannot be passed solely to a spouse but must also be shared among any children. If the deceased has neither surviving children nor spouse, then Italian succession law stipulates that the next closest relatives will benefit (who are defined as the parents and the brothers and sisters of the deceased).
In addition to succession dictated by law, Italian inheritance also derives from the will of the deceased. If you already have a will in the UK, don't assume this will be recognised in Italy and to make sure your wishes are carried out, you should make an Italian will. Your lawyer should appreciate that you also have an existing British will (if this is the case) which will save money in legal fees and can avoid unintended consequences for those you wish to inherit. The freedom of the deceased to dispose of his/her wealth as they choose is curtailed by the fact that Italian law reserves a certain share (statutory forced share) of the wealth for certain persons (see above); these persons are therefore entitled to their legal share even if this runs against the deceased's wishes.
Inheritance Tax:
Italy abolished inheritance tax in 2001, making it a relatively simple retirement destination in terms of estate planning. However, inheritances resulting in a change of property ownership in the land survey registry from the deceased to the heir will be subject to relevant transfer taxes.
Sources and Resources:
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Inheritance Issues:
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