How is intestate succession regulated in Italy?
The second book of the Codice civile (Art. 456 ff. Cciv) regulates the substantive law of succession. Under Italian law, all natural persons who are born or conceived at the time of the opening of the succession are eligible to inherit (Art. 462 Cciv). A person is deemed to have been conceived if they are born within 300 days of the death of the testator.
A special feature of Italian inheritance law is that it does not recognise the principle of universal succession, i.e. the legal status of heir in Italy does not automatically arise upon the death of the testator. Instead, the heir only acquires the right to inherit upon the death of the testator. If the person authorised to accept the inheritance dies before acceptance, the right passes to the heirs (Art. 479 Cciv). If the heir has accepted the inheritance, this has retroactive effect to the date on which the succession was opened (Art. 459 Cciv). Until acceptance, the estate is in a state of abeyance in which it is without a legal entity. According to Art. 460 et seq. Cciv, the potential heir has certain powers to secure and protect the estate even before acceptance (Art. 460 et seq. Cciv).
Acceptance of the inheritance can be declared expressly or implicitly. Express acceptance is made by means of a public or private deed (Art. 475 Cciv), implied acceptance is made by means of corresponding acts that necessarily presuppose acceptance and only authorise the heir to act (Art. 476 Cciv).
Italian statutory inheritance law divides the beneficiaries into five groups (Art. 565 ff. Cciv).
- Spouses/registered partners;
- Marital and non-marital children and other descendants;
- Parents and siblings;
- Other relatives up to the 6th degree;
- State