vgs lawyers
London

+44 2039665531

Milan

+39 0250043613

  • Home
  • Who we are
  • Practice Areas
    • Corporate Law
    • Family Law
  • People
    • Avv. Valentina Giarrusso
    • Avv. Giuliana Marchese
    • Avv. Federica Cicero
    • Avv. Stefania Calandra
    • Avv. Francesco Di Leonardo
    • Avv. Manlio Beninati
    • Dr. Fabrizio Di Patti
    • Dr. Roberta De Simone
    • Dr. Mirko Graditi
  • News & Blog
  • Discounted online consultation

Minors and Inheritance

  • by VGS' Editorial Board
  • 10 June 2019
  • Comments (0)

Under Italian Law, when an heir is a minor, the inheritance shall be accepted by his legal representative (such as the parent) in the best interest of the minor himself. In this case, the law provides that the acceptance of the inheritance shall be made with the benefit of inventory.

The acceptance of the inheritance with the benefit of inventory is an act by which the heir declares that he does not intend to unite his own assets with those of the deceased. In particular, this type of acceptance of inheritance implies that the debts of the deceased are paid only by means of the inherited assets, and not also from the own assets of the heir.
In this way, the heir will receive just the residual assets of the estate, deducted all the debts.

In order to protect the child, therefore, the Italian Law has provided for the obligation to accept the inheritance with the benefit of inventory. If the legal representative of the minor does not compile the inventory, then the minor is under the obligation to draft it within one year from when he becomes of age (18 years old in Italy). 

However, the legal representative may also refuse to accept the inheritance, if he considers the acceptance to be against the interests of the minor. In this case, the minor may accept the assets even without the benefit of inventory, once he has become 18 years old.  

In any case, if the adult heir does not accept the inheritance with the benefit of inventory within one year, then the inheritance is considered to accepted in its entirety.

For further information please contact us or leave your contact details in the Contact Form and you will be contacted within 24 hours.

  • Italian Inheritance
  • Share:
Previous Article: Liability of the pedestrian in case of a road accident
Next Article Road accidents and contributory negligence

Practice Areas

Free Consultation

    Tags

    ADR Child Support Defamation Former Spouse Harassment Invalidity Pension Italian Alimony Italian Allowance Italian Asset Protection Italian Birth Certificate Italian Child Custody Italian Child Support Italian child supporto Italian Contracts Italian Crime Italian Criminal Law Italian Divorce Italian Divorce Certificate Italian Divorce Judgment Italian Entry Visa Italian Family House Italian Family Law Italian Family Mediation Italian Inheritance Italian Legal Advice Italian Marital Duties Italian Marriage Italian Medical Crime Italian Personal Injury Italian Pillon DDL Italian Property Italian Real Estate Italian Residents Italian Separation Italian Shared Custody Italian Stepchild Adoption Italian Tax Italian Visa Legal guide Misappropriation Relocation in Italy Road Accident Stalking Supreme Court Two Fathers

    Social Links

    • Facebook
    • Instagram
    • Twitter

    See also:

    VGS - Corporate Lawyers

    See also:

    VGS - Corporate Lawyers

    VGS - Family Lawyers

    © Copyright 2022 | VGS Lawyers | All right reserved.