Management of Cross-Border Estates: A Complex Challenge

Dealing with the loss of a family member is an emotionally difficult time, often accompanied by burdensome bureaucratic tasks. The situation becomes even more complex when the deceased leaves assets, real estate, or bank accounts located in different countries, or when the heirs reside abroad. In these cases, it's not just a matter of applying Italian law, but of navigating different legal systems that may conflict. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci fully understands the confusion that can arise from having to manage legal matters in different languages and jurisdictions, offering a solid and competent point of reference in the heart of the city.

The Regulatory Framework: EU Regulation and Private International Law

Globalization has made international successions increasingly frequent. To simplify these procedures, the European Union has introduced fundamental instruments such as Regulation (EU) No 650/2012, which establishes clear criteria for determining which law applies to the entire succession (generally that of the deceased's habitual residence at the time of death). However, the practical application of these rules requires accurate technical analysis. It is essential to understand if and how to obtain the European Certificate of Succession, a document that allows heirs to prove their status and rights in all EU Member States without having to initiate multiple proceedings. Outside the European Union, the issue shifts to the analysis of bilateral conventions and the private international law rules specific to each individual State involved.

The Bianucci Law Firm's Approach to International Estates

The Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, handles international estates with a strategic approach aimed at centralizing case management. Avv. Marco Bianucci, thanks to his experience as an expert lawyer in inheritance law, acts as the sole director of the entire operation. The firm's added value lies in its ability to coordinate a network of foreign professionals, law firms, and notaries, ensuring that every step complies with both Italian law and the law of the country where the assets are located. The objective is twofold: to simplify the process for the client, who maintains a single point of contact in Milan, and to optimize tax profiles by analyzing double taxation treaties to prevent the inheritance from being unfairly taxed in multiple jurisdictions.

Frequently Asked Questions

Which law applies if the deceased lived abroad but had assets in Italy?

According to EU Regulation 650/2012, generally, the law of the State where the deceased had their habitual residence at the time of death applies, unless a different choice of law has been made in the will. An expert lawyer in inheritance law will need to analyze the specific case to determine with certainty the applicable legislation and its consequences on the devolution of the estate.

What is the European Certificate of Succession and what is it for?

The European Certificate of Succession is a standardized document, recognized in all EU countries (except Denmark and Ireland), which allows heirs, legatees, and executors to prove their status and rights in another Member State without further formalities. The Bianucci Law Firm assists clients in obtaining this certificate to unlock assets or bank accounts located abroad.

How can double taxation on international inheritance be avoided?

The risk of paying inheritance taxes in both the deceased's country of residence and the country where the assets are located is real. To mitigate this risk, it is necessary to analyze the international double taxation treaties concluded by Italy. Avv. Marco Bianucci carefully evaluates these aspects to protect, where possible, the integrity of the inherited estate.

Do I have to go abroad personally to accept the inheritance?

In most cases, it is not necessary. Thanks to the granting of special powers of attorney, duly translated and legalized or apostilled, the Bianucci Law Firm can coordinate activities with foreign colleagues, allowing heirs to manage the acceptance of the inheritance and related transfers while remaining in Milan.

Request a Consultation on Estate Matters

If you find yourself having to manage an inheritance with international elements, do not let cross-border bureaucracy become an insurmountable obstacle. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. The firm will analyze the complexity of the case, the assets involved, and the jurisdictions concerned to provide you with a clear picture of the steps to take and the commitment required to protect your inheritance rights.