Practical Guide to Inheritance Division in Italy

Practical Guide to Inheritance Division in Italy

The inheritance division, governed by Articles 713 and following of the Italian Civil Code, is a crucial moment where co-heirs resolve the inheritance community, thus becoming sole owners of the inherited assets. According to Article 713 of the Italian Civil Code, each co-heir has the right to request division to terminate the inheritance community. Such division can occur in three main ways: judicially, contractually, or testamentarily.

All co-heirs and their successors participate in the division, being considered necessary litisconsorts. However, the participation of all co-heirs can be complex, as highlighted by a Cassation Court ruling emphasizing the importance of the participation of all co-heirs for the success of the division. Special figures of co-heirs include the pretermitted heir and the co-heir benefiting from universal usufruct, whose involvement depends on the legal nature of the allocation. Also, buyers of inherited assets may have a special role in the division process.

However, there are cases where division is not feasible, such as when a conceived child is among the heirs or there are unresolved legal issues. Undivisible immovable properties present additional challenges to division, and Article 720 of the Civil Code states that such assets must preferably be allocated to one or more co-heirs. Additionally, co-heirs have the right to request their share in kind.

The inheritance division process involves collation, withdrawal, and allocation of portions to co-heirs. It is a complex procedure requiring the collaboration of all co-heirs and a thorough understanding of relevant laws and legal procedures.

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