MAURO LAW FIRMLaw of Succession & Private International Law of Succession

Legal assistance and advice, both judicial and extrajudicial in nature, in the various areas of inheritance law.

Consulting and Legal Assistance in Succession Law & Private International Succession Law in Milan

The passing of a family member is always a particularly painful and emotionally difficult event to deal with because it forces us to deal with emotional upheavals that strain our feelings.

Even in such situations, however, we must be prepared to govern, in our own and our loved ones’ interests, not only the personal suffering, but also the multiple legal effects brought about by the death of a close relative. Otherwise, for reasons related to inheritance, one exposes oneself to the real risk of having to deal with countless inheritance problems capable of generating very long legal disputes with an uncertain outcome that, in the generality of cases, are destined to last for years.

Since these are events that have a significant impact on families, national and European legislature, and legal investigation, have consistently devoted considerable attention to issues related to inheritance and the transfer of family wealth between generations.

It is therefore no coincidence that inheritance law is among the subjects that require the jurist to have greater technical specialization and specific preparation that can only be acquired upon completion of specialized studies.

When dealing with an inheritance, it is therefore always advisable to contact a law firm that can combine reliability and expertise with many years of professional experience in this particular area of the legal system.

In this regard, it is worth mentioning that the Mauro Law Firm, thanks to the commitment and technical skills of a working group composed of attorneys and jurists with proven experience and expertise in the field, has always punctually ensured its clients, in dealing with the complex subject of succession law, first-rate legal assistance and advice, which have been translated, for years, into concrete, positive and satisfactory results for those directly concerned.

Therefore, below, even before proceeding to a brief but important legal excursus on a subject that undoubtedly arouses considerable interest in most people, some of the issues, including those of an international-privatist nature, that the Mauro Law Firm deals with on a daily basis in carrying out its carefully prepared counseling and advocacy activities in favor of its clients are indicated for information purposes.

Specifically, therefore, the firm offers qualified legal assistance and advice, both judicial and extrajudicial, in the following areas of inheritance law:

–Opening of the succession (vocation and deletion, succession of deletion, property relations subject to succession, powers of the called before acceptance);

–Preliminary bureaucratic and fiscal tasks (reconnaissance of the de cuius‘s property; correct estimation, by technical adviser, of the status and value of the property and assets of the estate; preparation and submission of the declaration of inheritance by telematic means; cadastral volturation of the inherited property; correct identification of the mortgage, cadastral and inheritance taxes; optimization of the tax burden on the future heirs);

– Inheritance lying dormant (verification of the conditions for application of the institution, petition for declaration of lying dormant and for appointment of a receiver);

– Capacity to succeed of natural and legal persons in intestate and testamentary succession, and cases of incapacity to receive by will;

– Unworthinessto succeed (cases of unworthiness, action of unworthiness, rehabilitation of the person of the offender);

– Acquisition of the estate (pure and simple acceptance, express or tacit; acceptance with benefit of inventory; cases of forfeiture of benefit of inventory; separation of the deceased’s property from that of the heir at the request of the separatists; third-party purchases from the heir apparent);

– Actions for the protection of the heir (possessory and precautionary actions, petition of inheritance, action of vindication, action for reduction, action for termination or rescission of contracts entered into by the decedent, revocatory action, subrogation action);

– Waiver of inheritance, revocation of waiver, forfeiture of waiver, challenge of waiver by creditors;

– Legitimate succ ession (succession of relatives and surviving spouse, representation, shares of inheritance, vacation of inheritance and state succession, anomalous succession);

– Testamentary succession (estate planning as a function of the consequent drafting of holographic, secret, simultaneous, and corresponding wills; challenge of a joint will; disallowance, false claim, and claim for negative ascertainment for falsity of a holographic will; erroneous and illicit motives in a will; the will “per relationem”; incidental elements; trust provisions; ordinary substitution, fedecommissary substitution, representation and augmentation; disinheritance clause; interpretation of testamentary provisions and their challenge for nullity and voidability; formal conversion of void will; amnesty of void testamentary provisions; actual revocation and revocation of right of will; petition for exoneration of executor);

– Succession “contra testamentum,” or necessary succession (inheritance of legitimates and intangibility of the rightful share, injury of legitimates and fictitious reunion, action for reduction and reinstatement of the rightful share, the socinian caution);

– Universal and particular succession (liability for inheritance debts of heirs and legatees; succession of possession by the heir and accession of possession by the legatee; institution of heir; legacy of kind, legacy of kind, compulsory legacy, liberatory legacy, legacy of other people’s property, legacy of legatee’s property, legacy of alimony, legacy in lieu of legitimacy, legacy in account of legitimacy, sublegate and prelegate; the waiver of legacy);

– Communion and division of inheritance (assignment of share of inheritance and coheirs’ right of first refusal, inheritance retraction, division of debts and burdens of inheritance; testamentary, contractual and judicial division; collation in the strict sense and by imputation, covenant of indivision, divisional set-off, division supplement, division appeal);

– succession in cases of separation or divorce (technical-legal analysis, accompanied by timely practical guidance, about the effects of divorce and consensual or judicial separation, with or without charge, on the right to inherit portions of the deceased spouse’s estate, and to receive, in the context of so-called anomalous legitimate successions, percentages of the survivor’s pension and severance pay of the de cuius);

– succession in the business (planning for the entry of successors into the business and drafting of family pacts to be formally concluded by public deed; tax profiles of the family pact; dissolution of the family pact; challenging the contract establishing the family pact);

– international succession (identification, by virtue of the current international-privatist legislation, of the jurisdiction and national law applicable to the concrete case to be dealt with characterized by the presence of elements of internationality; request for the issuance of the European Succession Certificate; preparation and presentation of the possible complaint to the Tribunal, in collegial composition, against the findings of the European Succession Certificate).

Having made these dutiful premises, it is clear that the main objective to be achieved at the time of the opening of an inheritance, is the achievement of justice solutions that can be shared by all the heirs, which will avert, whenever possible, the recourse to adversarial negotiating conduct of an adversarial nature that very often, in truth, forces lawyers and their clients to take the dispute that has come about to the judicial level.

But in order to better understand the importance and basic dynamics of a sector of the national and supranational legal system as truly special as the law of succession, it is best to proceed, in summary, to illustrate some basic steps in the subject of succession.