Individual members' succession queries

12/11/2009 - 06:42

DEar  Dear Members, Since setting up this group, many members have posted queries on their own personal situations. Some of these may have been lost in long threads and not replied to, and many of you have also sent me details of your own cases in your request for membership. I am sorry if I have not yet been able to reply to all of these yet. Could each of you that still would like an answer, each start a new and separate post with your query, together with a title, for example "Should I make an Italian will as well as an English will?" "Which law of succession applies to me?"   "Can I leave a part of my Italian estate to Battersea Dogs Home?".  That way, for future reference members, will be able to follow replies and debate on cases that are similar to their own facts.  We will also get to know each other better! Charlotte        


 Firstly Charlotte, thanks for your patience and invaluable advice on this forum. What a godsend for us newbies! My question is based on this set of circumstances: Wife - Australian citizen and resident, soon to be joint owner (as in Aus/UK law joint tenancy) of Italian real property as primary residence who has no children. Husband - British citizen but Australian permanent resident also soon to be joint owner of Italian real property as primary residence and who has children from a previous marriage. We're moving lock and stock and I understand that as a non-european I will be extended the same rights to live and work as my husband. Having read your posts on wills and nominating the national laws to apply and so on I feel informed but confused over what constitutes the 'estate' of the deceased. Are immoveable property (the house) and bank accounts held jointly part of it? Do they revert to the sole ownership of the other joint owner on one's death?

Do you mean you are going to buy property in "comunione dei beni"?  If you buy jointly with your spouse in this way, on death the comunione is dissolved, and your half share passes along with the rest of your estate to your heirs.   The law applicable to your estate is the law of your nationality: This means that Australian or English law on succession will decide who can be your heirs. In both cases there is the "freedom of disposition" principle that, if you make a will, you can decide who to leave your property to. You are not subject to the strict laws of "forced heirship" in Italy. The husband could make a will, for example leaving the share of the property to his wife, and could decide to leave other property to the children. However if he did not make a will the estate would pass to the spouse and any children under the law of intestacy.   Charlotte Oliver            

 Sorry not to put the previous comment as a new post as you suggested. In the create a new post form, under 'post body' I am not able to either type the query anew or to cut and paste it. The cursor simply does not appear...

In reply to by Sass

 Hi Sass............. Yes seen this problem myself whereby in the text body the cursor doesn't "appear". It actually does, but is VERY difficult to see it. If you press enter, you in effect go down one line and then you can start typing no probs.I'm sure the 'experts' will be on the case, Cheers, S