Q. When drawing an Italian will, can I leave everything to my youngest child and ignore my wife and oldest children, given that I already gave them a lot of my estate during my life?
A. Should the succession be subject to the Italian inheritance law, several substantial restrictions would apply. The Italian inheritance laws dictate certain rules that the Will cannot breake. Such rules are in favour of certain relatives of the decease and apply no matter what the Will provides. Spouse and children are subjects that cannot be excluded partially nor totally from the estate division in case of succession. A certain portion of the estate shall be mandatorily left to these preserved relatives. the proportions depend on thwe amount and category of preserved relatives involved. If a Will brakes said rules, the excluded subject could claim the will invalidity.
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