Drafting a will is no longer a thing of the past.
More and more people are choosing this solution because it is a simple and inexpensive way to provide peace of mind for their loved ones.

While wills are often uncommon in traditional families, they take on a key role in new family realities.
What happens when, in the absence of marital ties, you cannot guarantee a secure future for your partner or companion? What if one has severed relations with the family of origin and wishes to protect other loved ones?

In these and many other cases, the will is a guarantee of security and clarity.

Why rely on a Notary?

Testamentary matters are one of the chosen fields of notarial work.
Drafting a will requires preparation and expertise, as it is necessary to balance strict formal requirements with the flexibility of available solutions.

Our firm offers assistance in the following situations:

- Drafting of holographic wills, written directly by the testator.

- Drafting of public wills, an option always recommended when future conflict between heirs is feared.

In addition, we boast strong expertise in private international law, which enables us to advise foreign nationals living in Italy as well.

When the interests at stake extend beyond national borders, an international will may be the ideal solution to ensure certainty of succession.

Following a person's death, succession begins. Individuals who are called upon to succeed, either by law or by will, have the opportunity to decide whether to accept or renounce the inheritance offered to them. This is a choice of great delicacy.

In fact, liabilities may emerge in the estate that exceed the value of the assets, leading to what is commonly called a "bad deal." The law allows the following options:

- Accepting the inheritance without conditions: In this case, you take over not only the ownership of the property but also the debts of the deceased.

- Accept with the benefit of inventory: This mode allows for an accurate valuation of the inheritance. Debts are paid only up to the limit of the value of the inherited property, avoiding the risk of incurring personal losses. It is crucial to act early, as the time allowed by law to take advantage of this benefit can be quite tight.

This second option is the only one permissible when those called to the estate are minors, incapacitated, or legal entities such as associations, foundations, or similar entities.

In such circumstances, the Notary is the point of reference for an informed choice and an essential support in the management of the complex procedures related to the acceptance and preparation of the inventory of the estate.

Renunciation of inheritance may also bean option to consider carefully, perhaps to make room for other callers, such as children, thus avoiding a "double passing" of assets. Considering this option can be useful to avoid taking on debts or being liable for inheritance taxes, especially when there is no possibility of availing oneself of a tax exemption.

In the event of a waiver, our firm will see to it that all the necessary documentation is sent so that the Internal Revenue Service does not invoke the liability of those who, having been called to an estate, chose to disregard it.

Relying on competent professionals means, therefore, ensuring not only an informed and thoughtful choice, but also protection against unwelcome surprises, which could be particularly costly financially.

There is frequent talk of abolishing the inheritance tax. However, the transfer of assets following death cannot be done without the formalization of the declaration of inheritance, which must be filed within 12 months of death.

The main aspects to be evaluated are as follows:

- Who are the heirs.

- Their degree of relationship to the deceased.

- The possible presence of real estate in the deceased's estate.

The declaration of inheritance is an indispensable step. Without it, heirs cannot proceed with the sale of assets.

Our firm has an efficient and competent team ready to provide any assistance needed.

Our Notaries personally take care of all the calculations for the application of the legal rates, ensuring the proper submission of documentation to take advantage of the exemptions provided by the current regulations.

We also check for the possible applicability of tax breaks, providing quick and efficient service aimed at resolving any issues that may arise during the process.

We also draft affidavits, which are useful for quickly unblocking the deceased's bank accounts.

We regularly collaborate with foreign professionals, which also enables us to handle paperwork related to real estate located anywhere in Italy, in cases where successions have opened abroad.

Our firm boasts advanced expertise in private international law and has the resources to take care of document translations when necessary.

We also cater to nonprofit entities, taking care of all the necessary paperwork to ensure prompt availability of assets in the event of testamentary bequests to them. In this regard, our legal staff is prepared to handle any litigation and deal with specific issues related to the matter.

Co-ownership of one or more assets may result from a voluntary act-such as when two people, whether spouses, partners or friends, decide to purchase an asset together-giving rise to the creation of an ordinary community. Much more frequently, however, joint ownership arises as a result of inheritance.

A classic example is children succeeding their parents, a situation that frequently leads to the formation of hereditary communions.

Inherited communions are governed by rather specific regulations, including, for example, so-called hereditary preemption. Such communions require a substantive agreement between the joint owners of the common property.

For this reason, it is common at some point for there to be a so-called division of inheritance, as a result of which each party involved in the community becomes the exclusive owner of a portion of the property or money.

There are many variables involved: the number of assets, the number of people involved, the homogeneity or otherwise of the values to be assigned.

The Notary's Role in Inheritance Divisions

Often, when it comes to inheritance divisions, the Notary intervenes only once the agreement between the parties has been reached. However, the most advantageous course of action may be to agree from the beginning on the plan for the distribution of assets.

This ensures that the transaction is also done correctly from a tax point of view. In fact, inheritance division benefits from particularly favorable treatment. Even when there are adjustments, it is possible, within certain limits, to obtain favorable taxation.

When Can Adjustments Be Expected?

Adjustments are provided, for example, when the values of the assets to be allocated to the participants in the division are not homogeneous and their purpose is to ensure the full economic satisfaction of all participants.

We have described a general outline of inheritance division, but its legal function can also combine with the intent to resolve a dispute that one wishes to avoid or to end.

In these cases, technical expressions are used that, at first glance, may seem complex to those not in the notary profession, such as "transactional division" or "divisive transaction," depending on the prevailing function of the transaction at hand.

Beyond the technical definitions, the goal of such contracts is simple, but fundamental: to find an agreement that separates the destinies of the former co-owners, preventing further disputes from arising in the future, perhaps in connection with a disputed share of the inheritance from a will.

Division of Inherited Assets: The Potential Issues.

What happens if, during the division, one does not receive all that is due? In this case, care should be taken and the situation carefully evaluated.

The Civil Code provides that the division contract can only be challenged when the "injury," that is, the difference between what is owed and what is obtained, exceeds one quarter.

The same rule applies to other types of contracts aimed at ending a community, whether inherited or not. These contracts include those assimilated to division, such as the sale of a share, by which one of the joint owners decides to "liquidate" himself by receiving money and leaving the community.

The road to agreement, in some cases, may not be a short one, so much so that partial divisions-so-called "divisional splitting"-or divisional advances, in which an asset is assigned to a coheir and final calculations are postponed to a later time, are possible.

As can be seen, the subject matter is complex, which is why it is always recommended to turn to the professional of reference for handling the division of inheritance, namely the Notary Public.

We delve into the complex area of so-called voluntary jurisdiction, in which Judges and Notaries collaborate in the delicate task of protecting individuals who are minors or declared incapacitated.

A general premise is necessary. In Italy, anyone under the age of 18 cannot legally act as an adult, as he or she is considered to be unable to consciously provide for his or her own interests.

However, even this rule knows some exceptions: for example, minors who are at least 16 years old can obtain permission to marry. In general, however, the rule has a wide and prevailing scope of application.

For this reason, if one wishes to deed property to a minor, the process is more complex than for an adult. It is not impossible, however, and there are several situations that demonstrate how it is possible to proceed.

By relying on our firm, you can count on comprehensive assistance with all the steps necessary to carry out transactions involving a minor. We provide for the preparation of the necessary appeals to obtain authorizations at the competent Judge for the matter and territory, ensuring a quick and efficient service.

The same precautions apply to incapacitated persons, that is, those to whom a support administrator or guardian has been appointed. In this case, specific orders of voluntary jurisdiction must be obtained in order to buy or sell assets. In this area, too, our firm is at the forefront of offering comprehensive and thorough assistance.

Finally, there is another area that is often overlooked. This is the situation of someone who suffers a criminal conviction restricting personal freedom (e.g., a person in prison). This person may experience a limitation in his or her ability to act in the legal world.

Our firm offers assistance in synergy with leading criminal law firms to resolve these issues as well, providing appropriate solutions tailored to the specific case.