Refusing to inherit

Question: May I refuse to inherit an Italian property?

Answer: It is possible to relinquish Italian inheritance rights. This can be done tacitly, without any particular formality, or expressly, by means of a statement to be filed with the Italian Court or a notary.

If you do it in Court the inheritance renunciation statement is subject to stamp duty and registration taxes for a total of approximately EUR 250. If you do it through a notary, notary fees will apply, ranging approximately between EUR 700 and EUR 900. If you do not speak Italian, the notary will likely ask for an interpreter to assist you. The cost of an interpreter will range approximately between EUR 300 and EUR 600. You can sign and file an inheritance disclaim statement in person or a representative can file it on your behalf by means of a Power of Attorney.  If you do it by means of a Power of Attorney (PoA), there will be no need of an interpreter but there will be the cost of the PoA.

We offer the service to renounce an inheritance on behalf of our clients. Our serivce includes:

• review the case circumstances;
• draft the Power of Attorney;
• validate it internationally as required by the law;
• file the renunciation on behalf of our clients directly in Italy, through the Power of Attorney;
• settle applicable taxes; and
• notify the competent authorities.

It is important to take into consideration also as follows:

i) it is not possible to renounce to inherit a specific asset only: you can only relinquish your entitlement as an heir with respect to the entire estate (although in certain cases it is possible to limit the renunciation effects to one asset or to a limited number of assets);

ii) it is not possible to appoint a substitute heir on your behalf: if you wish to do so, you need to claim your share of the estate (inheritance) first and then transfer the inherited rights to the desired beneficiary (for example, by sale or gift);

iii) once you relinquish your Italian inheritance right, the entitlement to claim the inheritance automatically goes to the alternative beneficiary established in the will (if there is a will and if said replacement is mentioned), or to your descendants, if any. If there is no alternative beneficiary or you do not have any descendants, the right goes to the other entitled heirs named in the will or established by the Italian intestate Succession Law.

iv) if you have ever taken possession of any asset of the estate, you might be considered as having de facto (by behavior) accepted the inheritance and you might no longer be entitled to disclaim your inheritance rights.

A typical case when it is beneficial or effective for a subject to relinquish Italian inheritance right is when the heir is a survived spouse who wishes to leave the estate to all children in equal shares. Another case when Italian inheritance renunciation might be recommended is when the deceased left substantial debts, exceeding the value of the assets included in the estate.

Depending on the case circumstances, it might be preferable to opt for a tacit or an express relinquishment. Should the written express form be preferred, it could be accomplished by means of a simple statement to be signed in Italy or overseas, in front of any notary public (e.g., including a notary public in the U.S., the UK or Australia, or solicitor in the UK, in Ireland or Australia). There is no legal requirement to involve the Italian Consulate. In other circumstances it is advisable filing it with the competent Italian Court.

A person who wants to expressly relinquish his/her inheritance right must have an Italian tax code (“codice fiscale”). For more information about Italian tax code and remote application check this article.

Our law firm has an extensive experience reviewing international succession circumstances and transitioning Italian estates through generations in an effective manner. We will be glad to review your case circumstances and advise you about the recommended course of action to pursue your desired results in a cost-effective and timely manner. We offer legal, notary public, and online notarization and assistance to prepare and file inheritance claims and inheritance renunciation statements with respect to Italian estate, including real estate rights and financial assets.

Related information

• Italian Succession Law Practice
• Non Italian Will valid in Italy
• Succession without a Will
• Succession process timing
• Inheriting and selling a property