Estate Management for Italians Residing Abroad

Living permanently outside national borders presents numerous administrative and bureaucratic challenges, but one of the often-overlooked aspects concerns estate planning and future succession. Many compatriots who have transferred their habitual residence to another European Union country or a non-EU state wonder which law will govern their inheritance. The primary concern often revolves around protecting loved ones and the desire to maintain a legal connection with Italy, ensuring the application of Italian rules, such as those on the reserved portion (quota di legittima), which may not have equivalents in foreign legal systems. Understanding how to navigate this complex regulatory landscape is crucial to avoid future uncertainties.

EU Regulation 650/2012 and Professio Iuris

From a regulatory standpoint, the cornerstone for cross-border successions is EU Regulation No. 650/2012. This legislative instrument introduced a general criterion whereby the law applicable to the entire succession is that of the state in which the deceased had their habitual residence at the time of death. This means that, in the absence of contrary provisions, an Italian citizen habitually residing, for example, in France or Germany, will have their succession governed entirely by French or German law, respectively. However, the same Regulation offers a valuable option, known as professio iuris: the possibility for the citizen to expressly choose, through a will, that their succession be governed by the law of the state of which they are a national. This option allows Italians abroad to subject their entire estate to Italian rules, ensuring continuity and predictability.

The Approach of Studio Legale Bianucci in International Successions

As a lawyer specializing in succession law in Milan, Avv. Marco Bianucci addresses these delicate issues with a meticulous and strategic approach. Drafting a will containing a valid choice of law clause (electio iuris) requires a deep understanding not only of Italian law but also of private international law mechanisms. Studio Legale Bianucci assists clients in formulating their wishes, ensuring that the choice of Italian law is expressed unequivocally and formally validly, to avoid future disputes by heirs or foreign authorities. The goal is to build a solid succession plan that faithfully reflects the testator's desires, protecting assets and loved ones, wherever they may be.

Frequently Asked Questions

If I reside abroad, does Italian law automatically apply to my inheritance?

No, it is not automatic. According to EU Regulation 650/2012, the primary criterion is habitual residence at the time of death. If you habitually reside abroad, the law of that state will apply, unless you have specified otherwise in a will by opting for the law of your nationality.

How can I be sure that my Italian will is also valid abroad?

The validity of a will abroad depends on compliance with the forms required by international conventions and local law. Avv. Marco Bianucci, a lawyer specializing in succession law, assesses on a case-by-case basis the need to draft a public, holographic, or international will, taking care of every formal detail so that the wishes are recognized and enforceable even outside Italy.

What is the reserved portion (quota di legittima) and can I protect it if I live outside Italy?

The reserved portion is that part of the inheritance that Italian law necessarily reserves for the closest relatives (spouse, children, ascendants). Many foreign legal systems, especially in Common Law countries, do not provide for this protection. By choosing Italian law through a will, you can ensure that the rules on the reserved portion are applied to your succession, protecting your family members' rights according to Italian legal tradition.

Is it necessary to return to Italy to draft a will with a choice of law?

It is not strictly necessary to return to Italy, but it is essential to receive qualified legal advice. It is possible to draft a will abroad, but to ensure that the choice of Italian law is effective, it is advisable to seek assistance from a competent Italian professional in the field, who can potentially coordinate with local notaries or lawyers.

Request a Consultation for Your Estate Planning

Planning the future of your assets when living abroad is an act of responsibility towards your loved ones. If you wish to ensure the application of Italian law to your succession, contact Studio Legale Bianucci. Avv. Marco Bianucci is available to analyze your specific situation and guide you in drafting a will that is secure and compliant with European and national regulations.