Hereditary successions

Hereditary succession is linked to a sad event that is often removed from our thoughts: death; it’s, however, unavoidable, Therefore, it would be useful for everyone to know the principles of inheritance law. This set of rules ensures the transfer of assets and the continuation of all active and passive legal relationships between the deceased and his heirs. In this perspective a conscious vision of how to carry out the transmission of our own assets, particularly when they consist of complex and/or company-related activities, respecting, wherever possible, the natural inclinations of the future heirs, can avoid misunderstandings and disputes between them, facilitating this necessary handover between two generations. Therefore it is desirable to have precise information on the effects of the hereditary succession: the notary can help not only in advance to give advice to those who want their succession to follow certain rules, but also, subsequently, to solve the problems that arise for the relatives following the death.

The Notary can inform about the first operations to be carried out when a death occurs and, as regards the property profiles, he will be able to make the rule known about the devolution of the succession (the rules, in other words, according to which the heirs are identified), with particular reference to the legitimate succession (regulated only by law), and/or to the testate succession (regulated by the will of someone who left a will); it will be possible to verify - in the specific case - if there are subjects (so-called legitimates) to whom the law reserves a part of the inheritance, even contrary to the will expressed in the will. The persons involved in the succession will then have to decide whether to accept or renounce the inheritance, meaning to have information on the applicable discipline in case of a legacy: the attribution, in other words, of a specific asset. The tax aspects of inheritance should not be forgotten: also in this respect, the Notary can provide the necessary advice to deal with this type of problem. The tax aspects of inheritance should not be forgotten: in this respect too, the Notary can provide the necessary advice to deal with this type of problem. 

The Notary is also specifically competent to advise on the best way to draw up a will, that is which acts are to be performed in life in order to achieve certain results following succession. 

taken from www.notariato.it