Dealing with the loss of a loved one is always a delicate moment, but when an inheritance involves assets located in different countries or heirs residing abroad, the situation can become particularly complex from a legal and bureaucratic standpoint. As an expert lawyer in inheritance matters in Milan, Avv. Marco Bianucci understands the difficulties families encounter when navigating different regulations, language barriers, and international taxation. The firm's objective is to provide immediate clarity and secure guidance to protect the assets and rights of the heirs, ensuring that the generational transfer occurs in full compliance with the laws in force in all involved States.

The Regulatory Framework: EU Regulation and Applicable Law

The management of an international succession requires in-depth knowledge not only of Italian law but also of international conventions and EU regulations. The fundamental reference point is EU Regulation No. 650/2012, which introduced uniform criteria for determining the law applicable to the entire succession. Contrary to past beliefs, it is not always the deceased's citizenship that determines the governing law, but rather the criterion of habitual residence at the time of death. This means that the succession of an Italian citizen permanently residing abroad could be entirely governed by foreign law, with significant consequences for forced heirship shares and inheritance division methods.

However, individuals have the option to make a choice of law (professio iuris) through a will, opting for the application of the law of the State of which they are citizens. Understanding these mechanisms is essential to avoid future disputes and to correctly plan the transfer of assets. An expert lawyer in inheritance law knows how to analyze the specific case to determine with certainty which jurisdiction is competent and which regulations must be applied, preventing conflicts of laws that could paralyze the inheritance.

The Approach of Studio Legale Bianucci in Cross-Border Successions

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in inheritance matters in Milan, is based on rigorous and detailed preliminary analysis. Every international succession presents unique variables: from the nature of the assets (real estate, bank accounts, company shares) to their location. Studio Legale Bianucci works to coordinate the necessary procedures both in Italy and abroad, utilizing, where necessary, a network of trusted correspondents in the foreign jurisdictions involved.

The firm's strategy aims to resolve tax issues, such as the risk of double taxation, and to manage complex bureaucratic requirements, such as obtaining the European Certificate of Succession (ECS). This document is crucial for proving heirship and related rights in all EU member states without the need for new proceedings. Entrusting your case to Avv. Marco Bianucci means having a professional by your side who does not limit himself to simple consultation but builds a concrete, resolution-oriented path, aimed at unlocking assets and ensuring the correct devolution of the estate in the shortest possible time.

Frequently Asked Questions

Which law applies if the deceased was Italian but lived abroad?

According to EU Regulation 650/2012, the general rule is that the law of the State where the deceased had their habitual residence at the time of death applies, unless they have expressly chosen in their will to apply the law of their citizenship. It is essential to analyze the specific case to determine the actual residence.

How can I unblock a bank account inherited in another EU country?

To unblock movable assets such as bank accounts within the European Union, the primary tool is the European Certificate of Succession. This document, issued by the competent authority (often a notary in Italy), is recognized in all member states and allows heirs to prove their status to foreign banking institutions without further legalization formalities.

Do I have to pay inheritance taxes both in Italy and abroad?

The risk of double taxation is real in international successions. Italy taxes assets located anywhere if the deceased was resident in Italy, or only assets in Italy if the deceased was resident abroad. However, there are double taxation treaties and tax credit mechanisms that an experienced inheritance lawyer will carefully evaluate to optimize the legitimate tax burden.

Is the Court of Milan competent for my inheritance dispute?

Jurisdictional competence depends on various factors, primarily the deceased's habitual residence. However, if the deceased was an Italian citizen or if the main assets are located in Italy, the Italian judge may have jurisdiction. Avv. Marco Bianucci can verify if the Court of Milan has jurisdiction over your specific case.

Request a Legal Consultation in Milan

International successions do not allow for improvisation: an error in determining the applicable law or in tax management can be costly in terms of time and resources. If you are facing an inheritance issue with transnational elements, contact Avv. Marco Bianucci for an in-depth assessment of your case. At the firm in Milan, located at Via Alberto da Giussano 26, you will find the necessary expertise to manage your inheritance with peace of mind and security.