Comparative analysis of succession law in Italy, U.K and United States
Jul 20th 2009, 7:50 am
#1
Just Joined
Thread Starter
Joined: May 2009
Posts: 17
Comparative analysis of succession law in Italy, U.K and United States
Dear all,
According to yours requests, I’ve written a short article, that shows a difference among succession law in Italy, U.K and United States. If you have any questions, please, do not hesitate to contact me here, or on my website.
Although there is a common idea that in common law countries there is unlimited freedom to will your estate to whomever you choose this is only relatively true.
Civil law countries such as Italy protect spouses and children with the legal succession granting them what is known as the “reserved quota”.
This means that those so called “forced heirs” are entitled to a portion of the assets of the deceased.
While this principle in Italy is regulated by the law, in the U.K the judge has the power to assess the succession rights of the so called “dependents”.
In the USA since succession law is not a federal issue, the situation is regulated differently in each state. In some of them we find a reserved quota for the spouse but not for the children.
In the U.K the Inheritance Act of 1975 regulates the position of the “dependents”.
The dependents are those close members of the family who can prove to be economically dependent on the deceased. Such dependants could be the surviving spouse, a civil partner or a child. The court, keeping in mind their position, can dispose in their favor.
In general terms in the USA the surviving spouse is the most favored. According to the 1990 Uniform Probate Code, intestate succession rules that the surviving spouse is entitled to the entire asset, and he/she is the only one entitled to legal protection from intentional disinheritance by the deceased in all States except Louisiana.
Although the U.S. Supreme Court declared it contrary to the Constitution stating that states should regulate inheritance law taking into consideration the evolution of family structures, not all states grant succession rights to members of non traditional families: surviving partners are seldom included in the circle of beneficiaries.
In the USA legitimate inheritance principles are the object of intense debates. In particular it is subject to criticism for the fact that the rights of the surviving spouse are not connected to the duration of the marriage and might not be affected even by divorce proceedings.
In general terms in civil law countries and in the American system the succession appears to be regulated mainly by the law while in the U.K the role of the judge has been favored.
Avv. Giandomenico De Tullio
According to yours requests, I’ve written a short article, that shows a difference among succession law in Italy, U.K and United States. If you have any questions, please, do not hesitate to contact me here, or on my website.
Although there is a common idea that in common law countries there is unlimited freedom to will your estate to whomever you choose this is only relatively true.
Civil law countries such as Italy protect spouses and children with the legal succession granting them what is known as the “reserved quota”.
This means that those so called “forced heirs” are entitled to a portion of the assets of the deceased.
While this principle in Italy is regulated by the law, in the U.K the judge has the power to assess the succession rights of the so called “dependents”.
In the USA since succession law is not a federal issue, the situation is regulated differently in each state. In some of them we find a reserved quota for the spouse but not for the children.
In the U.K the Inheritance Act of 1975 regulates the position of the “dependents”.
The dependents are those close members of the family who can prove to be economically dependent on the deceased. Such dependants could be the surviving spouse, a civil partner or a child. The court, keeping in mind their position, can dispose in their favor.
In general terms in the USA the surviving spouse is the most favored. According to the 1990 Uniform Probate Code, intestate succession rules that the surviving spouse is entitled to the entire asset, and he/she is the only one entitled to legal protection from intentional disinheritance by the deceased in all States except Louisiana.
Although the U.S. Supreme Court declared it contrary to the Constitution stating that states should regulate inheritance law taking into consideration the evolution of family structures, not all states grant succession rights to members of non traditional families: surviving partners are seldom included in the circle of beneficiaries.
In the USA legitimate inheritance principles are the object of intense debates. In particular it is subject to criticism for the fact that the rights of the surviving spouse are not connected to the duration of the marriage and might not be affected even by divorce proceedings.
In general terms in civil law countries and in the American system the succession appears to be regulated mainly by the law while in the U.K the role of the judge has been favored.
Avv. Giandomenico De Tullio
Jul 20th 2009, 8:15 am
#2
Senior Moment
Joined: Jan 2006
Location: On the edge
Posts: 20,460
Re: Comparative analysis of succession law in Italy, U.K and United States
Im sorry, I just dont understand what you are talking about. I know I'm in Spain, but most European countries have a treaty.
In Spain I have a will here and a will in the UK. The Spanish will reflects the UK one, but also defers to it in relation to succession.
Therefor if I were to peg it tomorrow my UK will would be honoured, there would be no thought about splitting the inheritance between children, as is the case for Spanish Nationals.
Are you saying, as I have asked before, that there is no such treaty between Italy and the UK as there is with most other European countries and the UK?
In Spain I have a will here and a will in the UK. The Spanish will reflects the UK one, but also defers to it in relation to succession.
Therefor if I were to peg it tomorrow my UK will would be honoured, there would be no thought about splitting the inheritance between children, as is the case for Spanish Nationals.
Are you saying, as I have asked before, that there is no such treaty between Italy and the UK as there is with most other European countries and the UK?
Jul 20th 2009, 2:52 pm
#3
Just Joined
Thread Starter
Joined: May 2009
Posts: 17
Re: Comparative analysis of succession law in Italy, U.K and United States
Im sorry, I just dont understand what you are talking about. I know I'm in Spain, but most European countries have a treaty.
In Spain I have a will here and a will in the UK. The Spanish will reflects the UK one, but also defers to it in relation to succession.
Therefor if I were to peg it tomorrow my UK will would be honoured, there would be no thought about splitting the inheritance between children, as is the case for Spanish Nationals.
Are you saying, as I have asked before, that there is no such treaty between Italy and the UK as there is with most other European countries and the UK?
In Spain I have a will here and a will in the UK. The Spanish will reflects the UK one, but also defers to it in relation to succession.
Therefor if I were to peg it tomorrow my UK will would be honoured, there would be no thought about splitting the inheritance between children, as is the case for Spanish Nationals.
Are you saying, as I have asked before, that there is no such treaty between Italy and the UK as there is with most other European countries and the UK?
I confirm that, should you own a property in Italy, Italian succession law will apply.
Such principle defined in latin a “lex rei sitae” (law of the place where the property is located) is also accepted and recognized under UK law.
Jul 20th 2009, 4:19 pm
#4
Senior Moment
Joined: Jan 2006
Location: On the edge
Posts: 20,460
Re: Comparative analysis of succession law in Italy, U.K and United States
Jul 21st 2009, 8:42 am
#5
BE Enthusiast
Joined: Mar 2007
Location: Puglia
Posts: 540
Re: Comparative analysis of succession law in Italy, U.K and United States
We were looking for information on this subject as we have a property in Italy and Bulgaria and found this site http://www.globalpropertyguide.com/guide-inheritance
There is a list of countries on the right hand side, if one clicks on any of the countries listed it explains what law applies. Some like Spain will recognise a UK will other won't like Italy, Bulgaria when it comes to properties. France seems even worse as children come before anyone else (including surviving spouse)
There is a list of countries on the right hand side, if one clicks on any of the countries listed it explains what law applies. Some like Spain will recognise a UK will other won't like Italy, Bulgaria when it comes to properties. France seems even worse as children come before anyone else (including surviving spouse)
Jul 21st 2009, 9:01 am
#6
Senior Moment
Joined: Jan 2006
Location: On the edge
Posts: 20,460
Re: Comparative analysis of succession law in Italy, U.K and United States
We were looking for information on this subject as we have a property in Italy and Bulgaria and found this site http://www.globalpropertyguide.com/guide-inheritance
There is a list of countries on the right hand side, if one clicks on any of the countries listed it explains what law applies. Some like Spain will recognise a UK will other won't like Italy, Bulgaria when it comes to properties. France seems even worse as children come before anyone else (including surviving spouse)
There is a list of countries on the right hand side, if one clicks on any of the countries listed it explains what law applies. Some like Spain will recognise a UK will other won't like Italy, Bulgaria when it comes to properties. France seems even worse as children come before anyone else (including surviving spouse)
