Inheritance
Inheritance is associated with a sad event that is often far from people’s minds: death. It is though unavoidable, which is why it is for everyone to be familiar with the principles of inheritance law.
These rules ensure the transfer of assets and the continuation of all active and passive legal relationships from the deceased to his/her heirs. From this point of view, a well-informed vision on how to carry out the transfer of one’s assets, especially when these consist of complex and/or business-related activities, respecting as much as possible the natural inclinations of the future heirs, can avoid misunderstandings and disputes between them, thus facilitating this necessary handover between two generations.
It is therefore advisable to be well informed about the implications of inheritance: the Notary Public can be of assistance not only in advising in advance those who wish their succession to follow certain rules, but also in solving the problems that arise for relatives after death.
The Notary Public will be able to provide information on the first steps to be taken in the event of death and, as far as assets are concerned, on the rules of succession (i.e. the rules by which the heirs are determined), with particular reference to legitimate succession (which is governed solely by the law) and/or testamentary succession (which is governed by the will of the testator); it will be possible to ascertain, on a case-by-case basis, whether there are persons (known as forced heirs) to whom the law reserves a portion of the estate in any event, even if this is contrary to the intention expressed in the will.
The persons involved in the succession must then decide whether to accept or reject the inheritance or to obtain information on the rules applicable to bequest, i.e. the attribution of a specific asset.
The fiscal aspects of inheritance should not be forgotten. Here too, the Notary Public can provide the necessary advice on this matter.
The Notary Public also has specific expertise in advising on the best way to draft a will, i.e. the measures to be taken during one’s lifetime in order to achieve certain results in the process of inheritance.