A succession is the transfer of a decedent’s rights and property to his or her heirs. This legal process governs how the deceased’s estate is distributed among those who are entitled to receive it, either based on the deceased’s wishes expressed in a will, or according to legal provisions in the absence of a will.

Types of Succession

  1. Legitimate Succession: Occurs when a person dies without leaving a will (or the will is void). In this case, the law determines who the heirs are and in what proportion they receive the assets.
  2. Testamentary Succession: Occurs when the deceased has left a valid will specifying how he or she wishes his or her assets to be distributed. Heirs and shares are determined according to the wishes expressed by the decedent in the will.
  3. Necessary Succession: Guarantees the legitimates (spouse, children, ascendants if there are no children) a share of the deceased’s estate, regardless of testamentary provisions. This minimum share is called the “legitimate” share.

Let’s look at the main features:

Legitimate Succession

  1. Definition: Legitimate succession occurs in the absence of a valid will. The rules of legal succession are established by law.
  2. Heirs: Legitimate heirs are determined by law and follow an order of priority. Generally, the next of kin have priority, and in particular:
    • Spouse
    • Sons
    • Parents and other ascendants
    • Brothers and sisters
    • Other relatives up to the sixth degree
    • In the absence of heirs, the state
  3. Distribution of the estate: The deceased’s estate is distributed according to the shares prescribed by law. For example, if the deceased leaves a spouse and two children, the estate is divided equally between them.

Testamentary Succession

  1. Definition: Testamentary succession occurs when the deceased has left a valid will in which he has expressed his wishes on how to distribute his assets.
  2. Heirs: Heirs are those named in the will. The testator may designate anyone as heir, including unrelated persons, charities, friends, etc.
  3. Distribution of the estate: The estate is distributed according to the provisions of the will, as long as the legitimate shares reserved for the legitimates (spouse, children and ascendants) are respected. Italian law provides that a portion of the estate must necessarily be allocated to the legitimates, even if the will provides otherwise.

Necessary Succession

  1. Definition: Necessary succession is a legal institution of inheritance law that grants legitimates (i.e., necessary heirs) a share in the deceased’s estate, regardless of any testamentary provisions that may have been left by the deceased.
  2. Heirs: Heirs in necessary succession are called “legitimaries” or “necessary heirs.” They are persons to whom the law reserves a portion of the deceased’s estate, regardless of the testamentary wishes expressed by the testator. These necessary heirs are entitled to a portion of the estate that cannot be injured or annulled by contrary testamentary provisions.
  3. Distribution of the estate: Legitimate shares are established by law and vary according to family composition. If the will injures these shares, the legitimates can take action to have their rights recognized.

In a nutshell, lawful succession follows the rules established by law in the absence of a will, testamentary succession respects the wishes of the deceased as expressed in the will (subject to the limitation of the shares of the estate), and necessary succession protects the rights of the legitimates by guaranteeing them a share of the deceased’s estate.

For more information, call Servizisicuri.com now at 02 83417718 or fill out the form found by clicking here.