Property of deceased
Jun 7th 2017, 1:25 pm
#1
Forum Regular
Thread Starter
Joined: Feb 2013
Posts: 287
Property of deceased
A neighbour of mine, here in Wales has asked me to find out how to deal with a house which her deceased son owns near Lecce in Puglia.
The son had no partner or children only his mother and brother.
Who does she need to contact and what is the procedure?
The son had no partner or children only his mother and brother.
Who does she need to contact and what is the procedure?
Jun 7th 2017, 6:17 pm
#2
BE Forum Addict
Joined: Dec 2009
Posts: 2,513
Re: Property of deceased
Assuming her son died intestate and there is no will, then the Italian law on succession will take precedence and the mother and brother will become owners. The succession must be opened and carried out in Italy, or by an Italian notary in the UK. The taxes and costs must be paid and then the volture done at the catasto. Usually a notaio can do all of this. If the lady knows a notaio in Lecce then it will be much easier. Only when the succession is complete can the property be sold. If the mother or brother doesnt want their share they can refuse the eredita and the other will inherit the lot. The will be to provide a fair bit of paperwork, but its eminently feasible, but will take time,
Jun 7th 2017, 6:56 pm
#3
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Thread Starter
Joined: Feb 2013
Posts: 287
Re: Property of deceased
A will has turned up in which the Italy house has been left to a person in Lecce who is not known to the mother. There is a large olive grove nearby which is not mentioned in the will. Apart from this the mother paid the bulk of the purchase price for both and only has her state pension and no savings here in Wales. She is 94. It doesn't look good.
Jun 7th 2017, 7:41 pm
#4
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Joined: Apr 2007
Location: Verona/ Nr Turin
Posts: 4,671
Re: Property of deceased
A will has turned up in which the Italy house has been left to a person in Lecce who is not known to the mother. There is a large olive grove nearby which is not mentioned in the will. Apart from this the mother paid the bulk of the purchase price for both and only has her state pension and no savings here in Wales. She is 94. It doesn't look good.
Last edited by 37100; Jun 7th 2017 at 7:43 pm.
Jun 8th 2017, 5:03 am
#5
BE Forum Addict
Joined: Dec 2009
Posts: 2,513
Re: Property of deceased
Can of worms. If the will is Italian then it will take precedence. the legittima will still be applicable, or can be contested. Assuming that the property goes to the person willed, the olive grove will anyway be divided amongst the other heirs. It doesnt stop the need for a notaio and a succession, and opens the way for lawyers to earn alot.
If the will lis British, then it is wholly valid - though this depends where the deceased has his residence at the time if death. However a foreign will must be publised in Italy and then the succession done. Usually it will take 18 months at least.
If the will lis British, then it is wholly valid - though this depends where the deceased has his residence at the time if death. However a foreign will must be publised in Italy and then the succession done. Usually it will take 18 months at least.
