Best Estate Planning Lawyers in Genoa

About Estate Planning Law in Genoa, Italy

Estate planning in Genoa, Italy, is the process of organizing your assets, properties, and obligations to ensure that your personal and financial affairs are managed according to your wishes, both during your lifetime and after your death. Italian estate law is chiefly governed by the Italian Civil Code and applies universally across the country, including Genoa. Special considerations may apply with respect to local customs, real estate, and succession for foreign residents. Estate planning may include drafting a will (testamento), creating trusts, appointing heirs, handling inheritance taxes, and appointing powers of attorney for health and financial matters.

Why You May Need a Lawyer

Estate planning in Genoa can be complex, especially considering the nuances of Italian succession law, which strictly regulates inheritance shares among close relatives (forced heirs). You may require legal assistance in the following situations:

• You wish to draft or update a will ensuring it is valid under Italian law.
• You own property or assets in Italy, including family businesses, and need advice on succession.
• You are a non-Italian resident or dual national with assets in Genoa and need cross-border estate planning.
• You want to minimize inheritance tax liabilities for your heirs.
• There are family circumstances such as divorce, remarriage, or estranged relatives.
• A loved one has passed away and you are an heir or executor needing help with probate.
• Disputes have arisen regarding the validity of a will or division of assets.
• You wish to set up a trust or make gifts with legal certainty.

Local Laws Overview

Estate planning in Genoa is subject to Italian national law, with several important local considerations:

• Forced Heirship: Italy mandates that a portion of your estate must go to certain close relatives (spouse, children, parents), known as "legittimari." You cannot freely dispose of your entire estate.
• Wills: Italian law recognizes several types of wills, but holographic wills (handwritten, signed, and dated by the testator) and public wills (dictated to a notary) are most common. Wills must meet formal requirements to be valid.
• Succession Procedure: The process starts after death with the drawing up of the "dichiarazione di successione" (declaration of succession) and may involve the notary, payments of inheritance taxes, and transfer of property titles.
• International Aspects: The EU Succession Regulation (Brussels IV) applies, enabling foreign residents to choose the law of their nationality to govern their estate. Otherwise, Italian law applies by default.
• Inheritance Taxes: Rates vary and are determined by the relationship between the deceased and the beneficiary, ranging from 4% to 8% with thresholds for exemptions.
• Trusts: While trusts are not indigenous to Italian law, Italy recognizes foreign trusts if correctly established.

Frequently Asked Questions

What is the minimum share of the estate that must go to forced heirs in Italy?

Italian law reserves a certain part of your estate to close relatives (spouse, children, parents). For example, if you have one child, they must receive at least half your estate; with two or more children, they collectively receive two-thirds. The spouse and parents are also entitled if there are no children.

Can I write my own will in Italy?

Yes, you can write a holographic (handwritten) will, but it must be entirely written, dated, and signed by you. However, using a notary to prepare a public testament assures compliance and reduces challenges.

Do I need to use a notary for estate matters in Genoa?

While you can draft a holographic will without a notary, many estate processes, including property transfers and the deposit or publication of a will, must involve a notary in Italy.

I am a foreigner with property in Genoa—can I choose which country’s law applies to my estate?

Under the EU Succession Regulation, foreign nationals can elect in writing for the law of their nationality to apply to their estate in Italy, otherwise Italian inheritance law applies by default.

How are inheritance taxes calculated in Italy?

Inheritance taxes depend on your relationship to the deceased. Spouses, children, and parents typically pay 4% on amounts exceeding €1,000,000. Siblings pay 6% over €100,000. Unrelated beneficiaries pay 8% with no exemptions.

What is a declaration of succession and when is it necessary?

The "dichiarazione di successione" is a mandatory tax declaration that must be filed within 12 months of the death if the deceased owned property or significant assets, initiating the inheritance tax process and property transfers.

Can I disinherit an heir?

Italian law is very strict about the rights of forced heirs. You can only disinherit someone for very limited reasons expressly listed in the Civil Code, such as serious offenses against you or your family.

Are trusts recognized in Genoa?

Although trusts are not native to Italian law, Italy recognizes foreign trusts provided they are established in compliance with the Hague Convention and properly registered. They require careful legal structuring.

Who settles debts of the deceased?

Heirs inherit both assets and debts. They can accept the inheritance "with the benefit of inventory" to limit liability or reject the inheritance if debts exceed the assets.

Do stepchildren have any inheritance rights under Italian law?

Stepchildren do not automatically have inheritance rights unless they have been legally adopted by the deceased or are specifically named in a will, within the limits of freely disposable quota.

Additional Resources

• Consiglio Nazionale del Notariato: The National Notary Council provides detailed guides and local notary contacts for will, succession, and property transfers.
• Agenzia delle Entrate (Italian Revenue Agency): Offers information and forms for inheritance tax and succession declarations.
• Comune di Genova – Ufficio Stato Civile: The Genoa Municipality Registry Office is responsible for death certificates, legalization, and initial succession procedures.
• Ordine degli Avvocati di Genova: The Genoa Bar Association lists local lawyers specializing in estate, inheritance, and succession law.
• EU - European e-Justice Portal: Offers information on cross-border inheritance law within the European Union.

Next Steps

If you need legal assistance with estate planning in Genoa, consider the following steps:

1. List all your Italian assets, properties, and financial obligations.
2. Prepare a written outline of your wishes regarding inheritance and care in the event of incapacity.
3. Seek out a local lawyer or notary who specializes in succession and estate planning. The Genoa Bar Association can help you locate experienced professionals.
4. If you are a foreigner or have international ties, consult a specialist in cross-border estate planning.
5. Bring original documents (IDs, deeds, past wills, marriage certificates, etc.) when meeting your advisor.
6. Discuss with your professional the best type of will, powers of attorney, or international options for your situation.
7. Review and update your estate plan regularly to reflect changes in law or family circumstances.