Restrictions on successions – special rules

Italy
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European Judicial Network (in civil and commercial matters)

1 Under the law of this Member State, do special rules impose, for economic, family or social considerations, restrictions concerning or affecting the succession in respect of immoveable property, certain enterprises or other special categories of assets located in this Member State?

There are rules limiting inheritance rights (diritti di successione) to certain members of the family in the case of transfers of social housing or land allocated to particular categories (for example, to exiles from Yugoslavia after the Second World War) and intended for agriculture.

These constraints are in the process of disappearing, as successive laws have allowed them to be phased out (for example, by compensating builders of social housing) or the statutory time limits applicable to the constraints have expired.

2 Under the law of this Member State, do these special rules apply to the succession in respect of the above-mentioned assets irrespective of the law applicable to the succession?

Yes, there are rules that may limit inheritance to certain family members (for example, for agricultural land allocated for social reasons, inheritance may be limited to family members who continue in farming).

3 Under the law of this Member State, do special procedures exist to ensure compliance with the above-mentioned special rules?

There are no special procedures for verifying or monitoring compliance with the rules in question.

Last update: 05/07/2024

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