Succession rules for properties located in Italy

If you have properties located in Italy, and you are a citizen of another country or simply live or have lived in another country, you may want to know which law applies to the succession of your properties when you pass away.

According to Regolamento Europeo n. 650/2012, the succession is subject to the law of the country the late owner used to live in, unless they have declared in a will they wanted to have their succession subject to the law of a different country, of which country they must have held citizenship.

At this point, the law of that country must be looked at and see what states.
Let’s make the example of a New Zealand citizen who owns a property in Italy and lives in the US. When they die, according to the above-mentioned Regolamento Europeo, the law of the country the New Zealand citizen used to live should apply, hence the US law should apply.
In turn, the US law states that for the succession of real estate, the law of the country the properties are located applies, hence the Italian law eventually applies to the Italian property.

As a general rule, according to Italian law, properties go to the surviving spouse and children.

International inheritance is a very complicated topic, where laws of different countries apply and interweave.

If you are looking for more info on this topic, want a tailored consultation or wish to draft a will and need assistance, please do not hesitate to get in touch..

This article is not exhaustive and is a guidance only.
In collaboration with avv. Antonio Strangio, international wills and testaments specialist

Barbara De Benedittis Relocation and Legal in Italy