VGS-family-lawyers
London

+44 2039665531

Milan

+39 0250043613

  • Home
  • Who we are
  • Practice Areas
    • Separation and Divorce
      • Divorce Lawyers in Italy
      • Child Custody
      • Alimony
    • Inheritance
      • Italian Inheritance and Succession
      • Probate and Contested Probate
      • Wills
    • Tax
      • Asset Protection
      • Estate Planning and Management
      • Trust
    • Relocation
      • Italy Real Estate Legal Advice
    • Criminal Law
      • Stalking
      • Defamation
      • Domestic Violence
    • Juvenile Law
      • Adoption
      • Child Abduction
      • Stepchild Adoption
    • Personal Injury
      • Product Liability
      • Road Accident
  • People
    • Avv. Valentina Giarrusso
    • Avv. Giuliana Marchese
    • Avv. Federica Cicero
    • Avv. Stefania Calandra
    • Avv. Francesco Di Leonardo
    • Avv. Manlio Beninati
    • Avv. Antonio Petrin
    • Avv. Enrico Filpi
    • Dr. Fabrizio Di Patti
    • Dr. Roberta De Simone
    • Dr. Mirko Graditi
  • News & Blog
  • Discounted online consultation

Are you an heir? The allocation of debts under the Italian succession

  • by VGS' Editorial Board
  • 12 February 2021
  • Comments (0)

The Italian allocation of debts is established by articles 752 and 754 of Italian Civil Code. Specifically, the law seeks to regulate internal relationship between coheirs and external relationships between them and creditors.

Coheirs are expected to contribute to the payment of debts in proportion of the share for each of them, given that the testator did not agree otherwise. Testator’s debts do not involve coheirs while automatically impacting all of heirs in proportion to their shares. However, the same principle is not valid for inheritance credits. In fact, testator’s credits are not automatically shared between coheirs based on their share. But, on the contrary, the debts will be part of the whole inheritance. The testator has the power to change debts allocation and refusing the proportionality of debts in relation to inheritance share.

Art. 754 establishes rules for external relationships between coheirs and testator’s creditors. The latter have the right to claim the performance from each of coheirs. The testator has the right to establish heirs’ shared liability while agreeing with the creditor that they will be liable only in proportion to their inheritance share. A further exception occurs in the event an obligation is indivisible when the property is encumbered by a mortgage.

VGS lawyers have a great experience in assisting individuals arranging their inheritance position. Our lawyers were able to offer assistance to heirs and coheirs struggling with testator’s debts. Please fill the form on this page if you wish to be contacted within the next 24 hours.

  • Inheritance debts
  • Italian Inheritance
  • Italian Will
  • Share:
Previous Article: Have you been victim of revenge porn in Italy?
Next Article Italian domestic partnership: does the partner have the right to inheritance?

Practice Areas

  • Divorce Lawyers in Italy
  • Tax
  • Relocation
  • Italian Inheritance and Succession
  • Criminal Law
  • Juvenile Law
  • Personal Injury

Contact Us Now

    Tags

    Adultery Alimony Child Maintenance Child Support Compensation Coronavirus Former Spouse Infidelity Italian Adoption Italian Alimony Italian Allowance Italian Child Custody Italian Child Maintenance Italian Child Support Italian Contracts Italian Criminal Law Italian Divorce Italian Divorce Judgment Italian Family House Italian Family Law Italian Family Mediation Italian Inheritance Italian Legal Advice Italian Marriage Italian Medical Malpractice Italian Minor Italian Personal Injury Italian Property Italian Property Transfer Italian Real Estate Italian Residents Italian Separation Italian Shared Custody Italian Stepchild Adoption Italian Tax Italian Will Legal guide Parenthood Personal data Relocation in Italy Road Accident Sole Custody Stalking Supreme Court Visiting Rights

    Social Links

    • Facebook
    • Instagram
    • Twitter

    See also:

    VGS Lawyers

    VGS - Corporate Lawyers

    © Copyright 2022 | VGS - Italian Family Lawyers | All right reserved.