Intestacy deceased estate. Survivor's rights.

The fact

A widow residing in Italy had two children, one of them living in  Melbourne - Australia.

She passed away without a will, leaving some assets in Italy.

Let's have a look at what the Italian law provides in case of intestacy and what are the rights of those survivors residing in Australia.

Survivors categories

According to the Italian civil code, when a person dies without leaving a will, the law will establish who are the survivors entitled to the estate.

According to the Italian law, in the absence of a will, the inheritance shall go to the deceased's closest relatives in the following order:

1. Spouse and/or children or grandchildren;

2. Parents or grandparents, siblings, and their descendants;

3. Other relatives up to the sixth degree;

4. The Government, if there are no relatives up to the sixth degree.

The closest survivor shall exclude the more distant ones.

In this case, since the person who died in Italy was a widow and had two children, the estate will be divided equally between the two children.

Those who live abroad, for example in Melbourne - Australia, shall be entitled to the same rights as those who live in Italy: residence outside of Italy does not prevent the beneficiary from receiving their share of the inheritance.

In brief

In case of intestacy, the Italian law would ensure that the closest relatives/survivors are protected and that the estate is distributed according to the order established bu the civil code, assuring transparency and fairness.