Successions and Generational Change Archivi

Private (clients) eye: trusts and inheritance rights. The risk of a trust being ‘reduced’ to protect the settlor’s heirs

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangePrivate (clients) eye: trusts and inheritance rights. The risk of a trust being ‘reduced’ to protect the settlor’s heirs

13 September 2023by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

ABSTRACT: Succession planning through trans-national acts must keep an eye on possible infringements of the heirs’ rights according to their respective national law. In the Italian legal system, for example, a trust may affect the heirs’ reserved share giving rise to unexpected lawsuit. The trust in the Italian legal system According to the Convention...

Unintended heir? The person called to the inheritance who is in possession of the heritable property may not renounce without making an inventory

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeUnintended heir? The person called to the inheritance who is in possession of the heritable property may not renounce without making an inventory

23 May 2023by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

ABSTRACT: According to the Italian Corte di Cassazione, a person called to the inheritance who is in possession of the hereditary assets may not renounce the inheritance if he has not drawn up an inventory within the period prescribed by law. The person “called to the inheritance” in the Italian legal system In the Italian...

Inheritance disputes: the forum hereditatis is an exclusive special forum but derogable by agreement of the parties

Civil Civil Procedure Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeInheritance disputes: the forum hereditatis is an exclusive special forum but derogable by agreement of the parties

24 February 2023by Giovanni Gigliotti, Silvia Bisceglia and Giada Russo

ABSTRACT: According to the Italian Corte di Cassazione, the exclusive forum established for inheritance proceedings can be waived by the parties. If the party does not timely raise the exception of lack of territorial jurisdiction of the court in an inheritance case, the judge may not declare its lack of jurisdiction. Territorial jurisdiction in inheritance...

Insurance policies, beneficiary’s privacy and heirs’ rights*

Civil Giada Russo Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeInsurance policies, beneficiary’s privacy and heirs’ rights*

16 June 2022by Giovanni Gigliotti, Giada Russo and Silvia Bisceglia

ABSTRACT: The issue of the balance between the right to the privacy of the beneficiary and the right of access of the heir according to European Union Regulation No 2016/679 (the General Data Protection Regulation or GDPR) according to the Italian case law. Life insurance policies under Italian law Generally, through a life insurance...

The «forced heir» may prove by any means the simulation of the sale effected by the deceased

Civil Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeThe «forced heir» may prove by any means the simulation of the sale effected by the deceased

23 May 2022by Giovanni Gigliotti and Silvia Bisceglia

ABSTRACT: The Corte di Cassazione has confirmed that the forced heir may prove the simulation of the sale effected by the deceased also by means of witnesses or presumptions in order to protect their reserved share of the estate Effects and proof of simulation under the Italian Civil Code In the Italian legal system,...

Transnational successions: the case of “double” succession of an English citizen, owner of real estates in Italy

Civil Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeTransnational successions: the case of “double” succession of an English citizen, owner of real estates in Italy

29 April 2022by Giovanni Gigliotti and Silvia Bisceglia

ABSTRACT: In judgment no. 2867 of February 5, 2021, the Italian Corte di Cassazione has dealt with a controversial issue on a transnational succession, involving an English citizen, who died in Italy, and bequeathed some properties located in Italy. The facts The question submitted to the Corte di Cassazione involves a case of transnational...

«Voltura catastale» carried out by the heir implies tacit acceptance of the succession

Civil Giovanni Gigliotti Silvia Bisceglia Successions and Generational Change«Voltura catastale» carried out by the heir implies tacit acceptance of the succession

28 January 2022by Giovanni Gigliotti and Silvia Bisceglia

ABSTRACT: The Italian Supreme Court (the Corte di Cassazione) affirmed that the «voltura catastale» carried out by the person called to the inheritance constitutes an act of tacit acceptance of the succession. Tacit acceptance of the succession in the Italian legal system In the Italian legal system, the person called to the inheritance (hereinafter also...

Giada Russo Giovanni Gigliotti Successions and Generational ChangeInheritance, succession and assets in the digital age

15 December 2021by Giada Russo and Giovanni Gigliotti

The Court of Milan ruled on the issue of digital inheritance affirming the ‘persistence’ of the data subject’s rights after the death and the possibility of their exercise by certain persons entitled to by law.

Life insurance in favour of «legitimate heirs»: indemnity assignment criteria

Civil Giovanni Gigliotti Silvia Bisceglia Successions and Generational ChangeLife insurance in favour of «legitimate heirs»: indemnity assignment criteria

15 December 2021by Giovanni Gigliotti and Silvia Bisceglia

By judgment no. 11421/2021, the Corte di Cassazione stated on the interpretation of the life insurance clause designating «legitimate heirs» as beneficiaries of the insurance compensation.