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Hereditary succession is bound up with an event both sorrowful and frequently set aside from one's thoughts: death. It is, nonetheless, unavoidable, for which reason it would serve everyone well to be acquainted with the principles of succession law. Through this body of rules is ensured the passage of one's estate and the continuation of all juridical relations, both active and passive, from the deceased to his heirs. Viewed in this light, an informed understanding of how to arrange the transmission of one's assets — particularly where these consist of complex holdings and/or matters bound up with a business — whilst respecting, so far as possible, the natural inclinations of one's future heirs, may avert misunderstandings and disputes among them, easing this necessary transfer of responsibility between two generations.
It is therefore advisable to hold precise information as to the effects of hereditary succession: the notary may be of assistance, not only beforehand, in offering counsel to those who wish their succession to follow particular rules, but also thereafter, in resolving the difficulties that present themselves to relatives following a death.
The notary may inform as to the initial steps to be taken upon a death and, as regards patrimonial matters, may bring to one's attention the rules governing the devolution of the succession (that is, the rules by which heirs are identified), with particular reference to succession under the law (governed solely by statute) and/or testamentary succession (governed by the wishes expressed in a will); it may be ascertained, in the particular case, whether there exist persons (termed forced heirs, or legittimari) to whom the law reserves, in every instance, a portion of the estate, even where this conflicts with the wishes expressed in the will. Those involved in the succession must then determine whether to proceed to the acceptance or renunciation of the inheritance, or must be informed of the rules applicable in the case of a legacy: that is, the attribution of a specific asset.
Nor should the fiscal aspects of hereditary succession be overlooked: here too, the notary may furnish the counsel necessary to address matters of this nature.
The notary, moreover, possesses particular competence to advise upon the best manner of drawing up a will, or upon what acts ought to be undertaken, during one's lifetime, in order to achieve particular results following one's succession.
List of Documents Required for Succession — PDF
(Adapted from www.notariato.it)
