The inheritance of the cohabiting partner
In Italy, the surviving spouse or partner of a civil union has the right to inherit the estate of the deceased person, as well as to live in the family home and use all the furniture. If there are no children, ancestors, or siblings, the entire inheritance goes to the surviving spouse, even if they […]
Incapacity of the testator: how to prove it
A person who has reached the legal age, who has not been interdicted and who, at the time the deed is drawn up, has full capacity may make a will. Inability to make a will may depend on a permanent illness or on a momentary cause. In the absence of these prerequisites, the will may […]
Does the divorced spouse have any rights to the former spouse’s inheritance?
Unlike in the case of separation (for which partially different rules apply, influenced also by the possible existence of the debit), divorce eliminates any inheritance rights of the ex, who is no longer an heir by law of the deceased. In such a case, only the contrary expressed in the will and not detrimental to […]
Inheritance of cohabiting partner
Inheritance of cohabiting partner In the absence of children, ascendants and siblings, the surviving spouse is entitled to the entire inheritance. A spouse divorced by a final judgment is excluded from the succession. In matters of de facto couples and civil unions, the law confers the same rights as those arising from the marriage bond. […]
What obligations do the heirs have towards the deceased’s ex-wife?
What obligations do the heirs have towards the deceased’s ex-wife? The ex-spouse remains the heir of the deceased only if the following two conditions are met: the divorce must not have taken place yet; the separation decree must not have declared the surviving spouse to be charged. Thus, the separated spouse is not only […]