The Role of the Lawyer and the Notary in Estate Management

Dealing with the loss of a loved one is a delicate time, often made even more complex by the need to manage the resulting patrimonial matters. It is common to wonder whether it is sufficient to contact a notary to open a succession or if the support of a lawyer specializing in successions is necessary. Although the notary plays an indispensable role as a public official for drafting deeds and collecting taxes, their function is one of impartiality and formal guarantee. However, inheritance dynamics often hide pitfalls that go beyond simple bureaucratic fulfillment.

Italian law on succession rights is complex and aims to protect the specific rights of the closest relatives (legitimate heirs). Often, a simple reading of a will or the legal distribution does not take into account crucial variables such as donations made during the deceased's lifetime, which may have infringed upon legitimate shares, or hidden debts that could burden the heirs. In this context, the intervention of a lawyer does not overlap with that of the notary but complements it, offering partisan protection aimed at ensuring that the client's rights are fully respected and that the adopted strategy is the most advantageous.

The Approach of Studio Legale Bianucci in Succession Matters

Avv. Marco Bianucci, a lawyer specializing in succession law in Milan, approaches every inheritance case with an analytical and preventive method. The firm's primary objective is not only to resolve any existing conflict but to prevent it through an in-depth analysis of the estate before definitive deeds are formalized. In fact, signing an acceptance of inheritance without proper verification can often lead to the assumption of debts or the implicit waiver of rights that were not previously known.

Avv. Marco Bianucci's strategy focuses on reconstructing the entire estate of the *de cuius* (deceased), including direct and indirect donations made during their lifetime, to verify the presence of any infringement of legitimate shares. The firm operates at Via Alberto da Giussano 26, often working in synergy with trusted notaries to ensure that, once agreements between heirs are finalized, the formalization is carried out in an unassailable manner. In cases of disagreement among co-heirs or doubts about the validity of a will, legal assistance becomes fundamental to evaluate grounds for challenge or to negotiate estate divisions that satisfy all parties, avoiding lengthy legal disputes whenever possible.

Frequently Asked Questions

Is it mandatory to have a lawyer for a succession, or is a notary sufficient?

It is not legally mandatory, but it is strongly recommended when the inheritance is complex, when there are disagreements among heirs, or when it is suspected that the will or prior donations have infringed upon one's rights. The notary records the parties' intentions and handles fiscal aspects, while a lawyer specializing in successions protects the specific interests of the individual heir, analyzing the risks and benefits of each action.

What happens if a will appears to be false or unfair?

If there are doubts about the authenticity of a will, or if the provisions contained therein infringe upon the legitimate share due by law to a spouse and children, it is possible to proceed with challenging the will or with an action for reduction. Avv. Marco Bianucci will preliminarily assess the validity of such doubts to advise on the most appropriate course of action, whether it be mediation or legal action.

How can one be protected from the deceased's debts?

Accepting an inheritance means also stepping into the deceased's debts. To avoid being liable with one's personal assets, the law provides for the institution of acceptance with benefit of inventory. This procedure allows the deceased's estate to be kept separate from the heir's estate, paying hereditary debts only up to the value of the assets received. This is a strategy that should be carefully evaluated with a lawyer before undertaking any act of managing inherited assets.

How much time do heirs have to decide?

The right to accept an inheritance prescribes ten years from the opening of the succession. However, it is possible for someone (e.g., a creditor or another heir) to ask the judge to set a shorter deadline for the decision (the so-called *actio interrogatoria*). Consulting a professional promptly allows one to avoid forfeitures or involuntary tacit acceptances.

Request a Consultation on Succession Matters

Managing an inheritance requires clarity and technical expertise to avoid errors that can have significant economic consequences. If you find yourself having to manage an inheritance in Milan and wish to fully understand your rights and the best strategies to adopt, contact Studio Legale Bianucci. Avv. Marco Bianucci is available for an in-depth examination of your situation, offering clarity and professional support at every stage of the procedure.