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[CULTURE] · Italy · 3 sources

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Italian inheritance laws for childless couples

Under Italian civil law, couples without children face specific legal challenges regarding inheritance and the protection of a surviving spouse. Without a valid will, the law dictates that a spouse receives two-thirds of the estate, while the remaining third is allocated to siblings.

To prevent the fragmentation of assets among collateral relatives such as siblings or nephews, individuals can utilize a holographic will. To be legally valid under Article 602 of the Italian Civil Code, such a document must be written entirely by hand, dated, and signed by the testator.

It is important to note that joint wills for couples are prohibited under Article 589 of the Civil Code; each individual must draft their own document. While certain 'legitimate heirs'—including spouses, children, and parents—are entitled to protected shares of an estate, a properly executed will is a primary tool for managing the distribution of assets among those not covered by mandatory legal quotas.

Entities

Italian Civil Code