Expert: Davide Santini - 9/27/2005

Question
My grandmother has recently passed away.Her home in italy is currently occupied by one of five siblings. He has lived in the home for just a short period of time but has occupied two rooms of the house with his belongings for many years.The other four siblibgs would like to eventualy sell the house, the sibling who occupies the house does not and insist that if they do want to sell the house that his two rooms can not be sold. Can that be possible? Do the other siblings out rank on the descion to sell the house?  If he continues to want to live there does he have to buy out his brothers and sisters? What rights do the other siblings have? What do the other 4 siblings have to do to ensure they are entitled to their inheritance?
A will was left behind to ensure that the house will be left to all five children?

Thank you very much
Many thanks  

Answer
According to italian laws when a person dies without leaving a will the inheritance must be divided among the children in equal shares.
In this case it seems that the occupying sibling do not has any special right against other siblings.
Should he decide to resist to the request of the other sibligs they can apply the Tribunal to obtain a judgement of division. The Judge will decide  1)to divide phisically the home (if it is technically possible) 2) to sell at best and divide the price among siblings deducted the hire that the occupying sibling must pay to the others for having occupied the home free of charges and expenses 3) to assign the home to one sibling who will pay the others the price of the home divided in shares.

Best regards

Avv. Davide Santini