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

Liabilities of the estate

  • by VGS' Editorial Board
  • 24 May 2019
  • Comments (0)

When a person dies, his inheritance may consist either of an estate composed by assets and/or liabilities.

The difference between the assets and liabilities of the estate is the value of the estate (on which inheritance tax is paid). However, it may also happen that the deceased leaves only debts with no assets and this puts the heirs in a difficult position.     
In fact, the acceptance of the inheritance implies that the heir takes over all the obligations of the deceased, with his/her personal assets.             
The inheritance can also be declined, by the formal submission, within 10 years of the decease, and such refusal may also be revoked, within the same period of time.

However, should the heirs be aware of the liabilities but not fully aware of their amount, it is possible to accept the inheritance with the benefit of inventory. This allows creditors to seize the inheritance assets with the exclusion of the personal assets of the heir. In this way, the heir is not obliged to pay debts beyond the value of the inheritance.

Creditors may appeal against the refusal of the inheritance if they can prove that the inheritance had sufficient assets to satisfy their claims. 

Therefore, in case of debts of the deceased without estate, you should not make the mistake of accepting the inheritance and remembering that acceptance of the inheritance can also be tacit through behaviours that imply someone’s will to accept (e.g. using the machine of the deceased). Since tacit behaviours determine the acceptance of the inheritance and the automatic taking over of the debts of the deceased. 

  • Italian Inheritance
  • Share:
Previous Article: How to file a claim for medical negligence in Italy
Next Article No alimony for short marriage

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.