Best Will & Testament Lawyers in Sesto San Giovanni

About Will & Testament Law in Sesto San Giovanni, Italy

Will and Testament law governs how a person's assets and responsibilities are managed and distributed after their death. In Sesto San Giovanni, located in the Metropolitan City of Milan, Italian national law applies, but understanding local procedures and accessing local services is important. A will, or "testamento," allows individuals to specify how their assets should be divided among heirs, name guardians for minor children, and appoint an executor. Without a valid will, Italian intestate succession laws decide how the estate is distributed, which may not reflect the deceased person's wishes. A will can also help to avoid family disputes and clarify the distribution process, particularly for people with complex family structures or significant assets.

Why You May Need a Lawyer

There are several situations in which seeking legal assistance for matters related to Wills and Testaments in Sesto San Giovanni is not only beneficial but sometimes essential. Common scenarios include:

• Drafting a legally valid will that accurately expresses your wishes
• Ensuring compliance with Italian inheritance and family law, especially if you have children, stepchildren, or a blended family
• Managing assets located in different regions or overseas
• Handling disputes among heirs after the death of a loved one
• Managing probate proceedings and taxes
• Translating and validating foreign wills for those who are expats or have lived abroad
• Protecting vulnerable beneficiaries, such as minors or disabled relatives
• Understanding forced heirship rules and protecting the interests of lawful heirs

Local Laws Overview

Italian inheritance law, including that in Sesto San Giovanni, is primarily governed by the Codice Civile (Civil Code). Important aspects include:

• Types of Wills: The three common types in Italy are the holographic will (handwritten by the testator), the public will (drawn up by a notary in the presence of witnesses), and the secret will (delivered sealed to a notary).
• Forced Heirship: Certain heirs, such as children, spouses, and, in some cases, parents, are legally entitled to a portion of the deceased’s estate regardless of the will’s terms. These are called "legittimari".
• Probate Process: After a death, the succession process must be started, including submitting the will, paying inheritance taxes, and facilitating the transfer of ownership of real estate and other assets.
• Taxation: Inheritance tax rates depend on the relationship between the deceased and the beneficiary and the value of the estate. Certain exemptions and reductions may apply for family members.
• Role of the Notary: Notaries play a crucial role in certifying wills, handling the probate process, and ensuring legal compliance at every stage.

Frequently Asked Questions

What is a holographic will and is it valid in Sesto San Giovanni?

A holographic will is written entirely by hand by the testator, dated, and signed. It is valid in Sesto San Giovanni and throughout Italy if these conditions are met.

Do I need a notary to make a will?

While a holographic will does not require a notary, a public will and a secret will must be handled by a notary. Engaging a notary can help prevent disputes and ensure legal compliance.

Who are "forced heirs" in Italy?

Forced heirs include a spouse, children, and possibly parents. By law, they are entitled to a specific share of the estate, regardless of what is written in the will.

Can I disinherit a family member?

Complete disinheritance of forced heirs is generally not allowed in Italy. Attempting to do so will likely result in the will being challenged and overturned in court.

How is inheritance tax calculated?

Inheritance tax depends on the asset value and the relationship between the deceased and beneficiaries. Close relatives often benefit from significant exemptions or lower tax rates.

What happens if there is no will?

If someone dies without a will, Italian intestacy laws will apply to distribute assets among close relatives in a fixed order.

I have property abroad. How can I include it in my will?

Property located abroad requires careful planning. Italian law may apply to your worldwide estate, but foreign property might also be subject to local laws. Consulting a lawyer is strongly recommended in these cases.

How long does the probate process take?

The timeline varies but can take several months, depending on the complexity of the estate and whether all documentation is in order.

Can foreigners make a will in Sesto San Giovanni?

Yes, foreigners can draft wills in Italy. The laws of the person’s nationality and residence may also apply, so a lawyer’s assistance is highly recommended.

What if heirs disagree over the will?

Disagreements can lead to legal disputes or court proceedings. Engaging a lawyer early can help mediate and reduce conflict, potentially avoiding litigation.

Additional Resources

If you need more guidance or assistance, consider contacting the following:

• Ordine degli Avvocati di Monza - The local bar association for attorney referrals
• Notai in Sesto San Giovanni - Network of notaries public for drafting and certifying wills
• Agenzia delle Entrate - For information on inheritance tax and property transfers
• Comune di Sesto San Giovanni - The municipal office for local civil registry and succession procedures
• Consumer Protection Associations - Assistance for consumers in legal matters

Next Steps

If you need legal assistance regarding a Will or Testament in Sesto San Giovanni:

• Evaluate your personal situation and consider listing your questions or concerns
• Contact a local lawyer or notary who specializes in inheritance law
• Gather all relevant personal and asset documents in advance of any consultations
• Discuss your wishes and obtain clear advice on how to achieve them while respecting Italian legal requirements
• Consider ongoing updates to your will as your circumstances change