The loss of a relative is always a deeply felt event for family members who usually gather in this moment of grief to commemorate the life of the deceased.
However, it may happen that following the disappearance of De Cuius, disputes concerning the distribution of the deceased's assets arise between heirs or legatees .
TheRandazzo Law Firm headquartered in Syracuse, makes use of a section specialized in succession law, succession and inheritance of the De Cuius and provides personalized advice during the phase preceding the acceptance of the inheritance and judicial defense in all three levels of judgment.
The judicial defense includes challenge of false will, collation and reduction actions, reduction actions.
The Firm also deals with seeking out-of-court solutions such as settlement agreements and conciliations between heirs or successors in title.
What if the deceased has made a will
The effects of the death of De Cuius produce, on the heirs, different consequences depending on whether or not the deceased has drawn up a will during his life.
If the deceased has drawn up one or more valid wills, the last will chronologically arranged by the deceased will prevail, and, without affecting the rights of the necessary heirs, or those family members who necessarily must obtain a part of the deceased's assets, it will be possible to find the presence of legacies, or defined parts of the estate that the deceased intended to allocate specifically to individual heirs or third parties.
It must be pointed out that, according to Italian law, in the presence of several heirs and children, for example, it is not possible to legally allocate the entire estate to just one of them.
In cases where this has in any case been ordered, the injured heirs will be entitled to reduction actions for legitimate injury so as to be able to obtain what is legally due to them.
If there are doubts about the validity or otherwise of testamentary dispositions, do not hesitate to contact us to make an appointment on the number09314120001with one of our specialist lawyers in the field!
What happens if the deceased has not made a will
If the De Cuius never prepared a will during his life or. if for various reasons the drafted will has been declared null or false by the court, the division of the estate to the heirs will follow the rules of legitimate succession or without a will.
The succession without a will, following the provisions dictated by the Civil Code, based on the number of beneficiary heirs, will divide the estate into equal parts to be distributed to the legitimate heirs.
In order to avoid inheriting liabilities, or debts, of the deceased greater than the active sums, it is advisable not to immediately accept the inheritance and, in cases where the debt situation is not clear, to proceed with the acceptance with the benefit of Inventory.