Expert: Henning Haarhaus - 3/2/2009

Question
Can you lodge a Declaration of Succession with a Notaio after 20 years from date of death? Does it matter that most of the beneficiaries live in Australia?

Answer
I assume that your question refers to Italian inheritance law.

If the estate shall be accepted without any reservations you the inheritors would not need a notarial deed at all. The acceptance can be effected in writing or by any other action (e.g. by disposing of the estate). A notarial acceptance would only be compulsory if the inheritors wished to keep the estate separate from their assets  because they want to avoid to become personally liable without limits for the decedentīs debts.

In principle, the entitlement to accept the inheritance becomes time-barred 10 years as of the opening of the estate or if the inheritance is subject to a precedent condition in the event of its occurence. I do not know if there are other deadlines for unusual cases. I also do not know what would happen if the deadline has expired. I would think that the next inheritors (i.e. the chldren of the inheritors would be called to succession).

It is possible to file a law suit for an extension of this deadline if you can show a respective interest (azione interrogatoria). However, I do not know if it is possible to take this action even after the deadline had already been expired.