My father died intestate in Italy

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09/03/2019 - 04:56

My father died intestate in Italy 30 years ago. It was his verbal request that the apartment he owned with my mother be inherited by my eldest brother, which the family (my other 3 brothers and myself) agreed to, by signing a letter stating our acceptance. Unfortunately my brother never arranged this legal transfer of title, although he did transfer all the utility bills etc into his name which he has continued paying to this day.Under the Italian laws of intestacy who owns that property? Is it just his 5 children (as my mother has also now pased away) or does it include his grandchildren and great grandchildren who were alive on his death, or were born after his death?To complicate things, the property has not been registered correctly. it was orignally built as a one room apartment back in the 1960s, but extended over the years by my father to become a 2 bedroom apartment with balcony. However the local authority only has records of it as the original one room. Can anyone provide any guidance or assistance?

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You will have at least 2 successions to do,  then all the heirs who do not want the apartment simply refuse their quota of succession and it goes to your brother who accepts.   It also means that he has the costs for the transfer of property.   For the fact that the apartment has been enlarged, presumably with no permissions, that could be expensive.  It depends where the property is.   The cut off date for most of these things was Sept 1967.  After that date you needed permissions and plans for any changes to a property.   You will definitely need the input of a geometra/engineer who knows the comune well.  

Many thanks for your repsonse. Can I just ask what you mean by "you will have at least two successions to do" ? Is that as at my father's death, or thoughout the successors' lifetimes?And how do we refuse our quotsa of succession? Does this have to be done through a Notary?

There will be the succession of your father, where the property went to his spouse and children, and then  your mother, where the property then gets divided up again. And that also depends on whether she left a will.  You will realistically need a notary to sort it out, or a lawyer.  

Many many thanks again Modicasa.My father died intestate, and my mother requested the flat to be inherited by my brother in her will.So would that have just related to her share?Does the ownership stop with us while we are alive? Or do our children also now have a share? ie If we were to relinquish our share, do our children also have to be involved?Would it be simpler just to pass my share to my eldest brother in my will?Sorry for all the questions!

Here it gets a bit complicated.  If its a UK will then it would have to be published in ITaly - which takes time and money.  As in Italy the succession is governed by the legittima, it often isnt worth doing this.In your case - and this is a guess since I dont know the case - it would work like this :Your father dies intestate - your mum automatically gets  40% while the remianing 60% is divided among the children.   When your mum died, she left her share to your brother. That would require the will to be translated and published in ITaly with all the time and money that takes.   Without a will, your mums share would be divided between her children.   So it would be easier and quicker to ignore the will at that point, because only your mums share of the property would go to the heir, and the rest would still be divided up amongs you all.  HOwever if you can find a lawyer (such as Charlotte Oliver in Rome) or a notary who can do the whole thing in a single operation, then it just means that the children refuse their heredity and it all goes straight to the one brother who accepts it.  

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