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Successions

Succession is a legal procedure that provides for the transfer of the succession property from the deceased person to his / her heirs. In the case of Italian people who died abroad, or whose death (even if they are not Italians) has in some way affected an Italian citizen, the Italian Consulate with territorial jurisdiction shall provide for informing the national and – where appropriate – the local authorities of the opening of the succession, of the declarations of acceptance or waiver of the succession and of any other expression of will relating to the succession in question. At the competent Court’s request, the Consulate may arrange for drawing up of an inventory of assets and taking measures for the custody of the succession property in the country of accreditation.

With the entry into force of EU Regulation No. 650/2012, as of August 17, 2015, the law applicable to succession is the law of the State in which the deceased had his / her habitual residence at the time of death (no longer the domicile, as provided for by Article 456 of the Civil Code). Nevertheless, if, in the light of all circumstances, it results that at the time of his / her death the deceased clearly had closer links with a State other than that of habitual residence, the law applicable to the succession shall be the law of that other State.

Main legislation of reference: Civil Code, Articles 456-564; EU Regulation No. 650/2012