International Successions: Understanding Your Rights in a Global Context

Living in Milan but owning assets abroad, or being a foreign citizen residing in Italy, presents unique challenges when it comes to planning the future of your estate. Managing a cross-border succession is a complex matter that requires in-depth knowledge not only of domestic regulations but also of EU and international rules. Often, the main concern is the uncertainty about which law will govern the transfer of assets to heirs, with the risk of regulatory conflicts that can block or complicate the transfer of the estate. As an expert lawyer in successions in Milan, Avv. Marco Bianucci understands these concerns and offers clear guidance to navigate the different jurisdictions involved.

EU Regulation 650/2012 and the Professio Iuris

The fundamental reference point for successions involving multiple countries within the European Union is EU Regulation No. 650/2012. This regulation introduced a key principle to simplify procedures: the criterion of the deceased's habitual residence at the time of death. However, this automatic application may not always be advantageous or desired, especially for those who maintain strong ties to their country of origin.

The regulation therefore provides an essential tool called *professio iuris*, which is the possibility for a citizen to expressly choose, through a will, that their succession be governed by the law of the state of which they are a national, instead of the law of the state of residence. This choice is crucial to ensure that one's wishes are respected according to familiar legal and cultural traditions, avoiding unwelcome surprises arising from the automatic application of Italian law or that of another country of residence.

The Bianucci Law Firm's Approach to Cross-Border Inheritances

The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, is distinguished by a meticulous analysis of the client's financial and personal situation. It is not simply a matter of drafting a document, but of building an estate planning strategy that anticipates and resolves potential conflicts of law before they arise. The Bianucci Law Firm assists Italian and foreign citizens in drafting international wills that are valid and effective in all involved jurisdictions.

The consultancy focuses on verifying the formal and substantive validity of testamentary provisions, ensuring that the choice of applicable law (the *professio iuris*) is expressed unequivocally and in accordance with EU Regulation. The goal is to protect the estate and ensure a smooth transfer of assets to heirs, minimizing the risk of future disputes among beneficiaries located in different countries.

Frequently Asked Questions

Can I choose the law of my country of origin for my succession?

Yes, EU Regulation 650/2012 allows you to opt for the law of the state of which you are a national at the time of making the choice or at the time of death. This choice must be made expressly and unequivocally within a will to be valid and to prevail over the criterion of habitual residence.

What happens if I don't make a will in an international succession?

In the absence of an explicit choice through a will, the succession will be automatically governed by the law of the state where the deceased had their habitual residence at the time of death. This could result in the application of inheritance distribution rules very different from those of your country of origin, with potentially unexpected consequences for the heirs.

Is a will made abroad valid in Italy?

A will made abroad is generally recognized in Italy if it complies with the formalities required by the law of the place where it was made, by the testator's national law, or by other applicable international conventions. However, it is essential to have the document analyzed by an expert lawyer in successions to verify its practical effectiveness and the need for any publication or deposit procedures in Italy.

What is the European Succession Certificate?

The European Succession Certificate (ESC) is a document introduced by the EU Regulation that serves to prove the status of heir, legatee, or executor in another EU Member State without having to resort to further judicial proceedings. It is a powerful tool for unlocking bank accounts or real estate located in a country other than the country of residence.

Request an Assessment of Your Case

Planning a succession involving assets or heirs in different countries requires expertise and precision. If you wish to protect your estate and ensure that your wishes are respected everywhere, contact Avv. Marco Bianucci for an initial consultation at the Milan office. Together, we will evaluate the most suitable solution for your specific needs.