when we're dead?
#16
BE Forum Addict
Joined: Dec 2009
Posts: 2,512
Re: when we're dead?
A holographic will is usually done by non residents who wish their Italian property to be dealt with under the law of their resident country (no longer nationality) Its short, a few sentences at most, must be written in longhand and in italian and signed and dated.
A holographic will for a resident can circumvent the legittima if any other heirs renounce their heredity. For example you have 3 kids and a wife. In your will you leave everything to your wife. If the kids agree then they can renounce their portion of the legittima and all is well. If they dont, things can get ugly.
A holographic will for a resident can circumvent the legittima if any other heirs renounce their heredity. For example you have 3 kids and a wife. In your will you leave everything to your wife. If the kids agree then they can renounce their portion of the legittima and all is well. If they dont, things can get ugly.
#17
BE Forum Addict
Joined: Dec 2009
Posts: 2,512
Re: when we're dead?
If you're not married then the Italian state doesnt like you, and makes things as complicated as possible. In the above example your three kids would get everything and the partner nothing according to the legittima, and if the kids oppose the will then the same could happen at least for the percentage they are due by law.
#18
Re: when we're dead?
A holographic will is usually done by non residents who wish their Italian property to be dealt with under the law of their resident country (no longer nationality) Its short, a few sentences at most, must be written in longhand and in italian and signed and dated.
A holographic will for a resident can circumvent the legittima if any other heirs renounce their heredity. For example you have 3 kids and a wife. In your will you leave everything to your wife. If the kids agree then they can renounce their portion of the legittima and all is well. If they dont, things can get ugly.
A holographic will for a resident can circumvent the legittima if any other heirs renounce their heredity. For example you have 3 kids and a wife. In your will you leave everything to your wife. If the kids agree then they can renounce their portion of the legittima and all is well. If they dont, things can get ugly.
I and my partner have lived together unmarried for 27 years, firstly in the UK then for the last 9 years in Italy. We jointly own our property outright. We have residency (and paperwork for permanent residency) The holographic wills were an A4 and a bit long. The wills state that if he dies I get everything. If I die first he gets everything. When we're both dead my 3 children get equal shares of everything. None of my children would ever cause a problem for the surviving person.
#19
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Joined: Oct 2016
Location: Ex Teramo, Abruzzo
Posts: 1,216
Re: when we're dead?
I think you really need proper legal advice on this matter. I assume Cristina was used above and would have thought she was well qualified? This link here gives some basic information, but not too sure how accurate it is as it says Inheritance tax was abolished in 2001, but reintroduced (Modi?).
#20
Re: when we're dead?
People have made me think about this. People have asked me about this. The only thing I have in Italy is 50% of my house. The only thing I am sure of is that when I am dead, I am DEAD.
My partner (Italian) had an Uncle that died in prison. He didn't even know he had this Uncle. He and his brothers were contacted by God knows what kind of lawyer. The lawyer told them they could all inherit about 3 million lire each. All 3 brothers jumped at the chance of getting 3 million quid each when they were still young .................. then came tax upon tax upon tax and prison charges and government charges and prison and burial and whatever ..................... and all 3 of the brothers ended up signing a renouncement agreement and getting nothing.
My partner (Italian) had an Uncle that died in prison. He didn't even know he had this Uncle. He and his brothers were contacted by God knows what kind of lawyer. The lawyer told them they could all inherit about 3 million lire each. All 3 brothers jumped at the chance of getting 3 million quid each when they were still young .................. then came tax upon tax upon tax and prison charges and government charges and prison and burial and whatever ..................... and all 3 of the brothers ended up signing a renouncement agreement and getting nothing.
#21
Re: when we're dead?
People have made me think about this. People have asked me about this. The only thing I have in Italy is 50% of my house. The only thing I am sure of is that when I am dead, I am DEAD.
My partner (Italian) had an Uncle that died in prison. He didn't even know he had this Uncle. He and his brothers were contacted by God knows what kind of lawyer. The lawyer told them they could all inherit about 3 million lire each. All 3 brothers jumped at the chance of getting 3 million quid each when they were still young .................. then came tax upon tax upon tax and prison charges and government charges and prison and burial and whatever ..................... and all 3 of the brothers ended up signing a renouncement agreement and getting nothing.
My partner (Italian) had an Uncle that died in prison. He didn't even know he had this Uncle. He and his brothers were contacted by God knows what kind of lawyer. The lawyer told them they could all inherit about 3 million lire each. All 3 brothers jumped at the chance of getting 3 million quid each when they were still young .................. then came tax upon tax upon tax and prison charges and government charges and prison and burial and whatever ..................... and all 3 of the brothers ended up signing a renouncement agreement and getting nothing.
#24
Re: when we're dead?
Thanks for all replies but my original question was where should my (non Italian speaking) heirs take the wills etc to following our demise?
#25
BE Forum Addict
Joined: Oct 2016
Location: Ex Teramo, Abruzzo
Posts: 1,216
Re: when we're dead?
Think Modi give an answer at post #14, Marco Faieta in Pineto speaks good English or perhaps Christina if Modi is saying anyone can sort it?
#26
BE Forum Addict
Joined: Dec 2009
Posts: 2,512
Re: when we're dead?
PIca, Id leave it with a notary and make sure your heirs know which notary to go to.
#27
Forum Regular
Joined: Mar 2013
Location: Provincia di Treviso
Posts: 195
Re: when we're dead?
This issue of succession with Italian property, English children and conflicting regulations is most interesting and has been praying on my mind and that of my Italian wife for a few years now: we really must do something to ensure that the passage of what little we have passes as smoothly as possible to them. So thank you Pica for bringing this up and to all that have offered advice.
#28
Concierge
Joined: Apr 2007
Location: Verona/ Nr Turin
Posts: 4,670
Re: when we're dead?
Hmm....my understanding is that there is an inheritance tax for non direct family, though I don't think it is much and definitely not 60%. And all inheritance over €1,000,000 is subject to inheritance tax. Am I wrong?
#29
Re: when we're dead?
the will, if not with a notary already, needs to be taken to a notary for "publishing" my cousins had to do this recently after their mother's death cost 2000€
#30
Re: when we're dead?
What happens if we move house (very likely)? new wills? this is getting very costly