Italian Inheritance shares in the context of intestate succession
In the event the deceased do not leave any will, Intestate succession (“Successione legittima”) will take place. In particular, this inheritance scheme is governed by the law that indicates legitimate heirs and related inheritance shares.
In the context of inheritance shares, such shares vary according to the bond between the deceased and heirs and coheirs.
· In the event the deceased had a spouse and one son, the share scheme of each heirs under the intestate succession proceeds as follows: first half to the spouse and the second half to the son;
· In the event the deceased had a spouse and one or more sons, the share scheme is slightly different. In fact, one third of the heritance goes to the spouse while the last two third are held by the sons;
· In the event the deceased had a spouse, and one or more ancestors and collateral relatives, the first two third of the heritance are held by the spouse while the last share goes to ancestors and relatives;
· In the event the surviving spouse is the only living heirs, the whole inheritance goes to him/her;
· In the event the son is the only surviving heir, the inheritance is held by him/her;
· In absence of spouse and son, the whole inheritance will be held by ancestors and collateral relatives;
· In absence of spouse, son, and collateral relatives and ancestors, the inheritance goes to relatives within the sixth degree of kindred;
· In absence of spouse, sons, ancestor and relatives, the inheritance is held by the State.
Moreover, according art.540 civil code, the surviving spouse retains dwelling rights toward the house used as family residence. Separate spouses also hold dwelling rights, provided that the spouse was not responsible of the separation.