{"id":13798,"date":"2025-08-20T15:52:39","date_gmt":"2025-08-20T13:52:39","guid":{"rendered":"https:\/\/www.successioniinternazionali.com\/cose-una-successione-internazionale-e-quando-si-applica\/"},"modified":"2025-09-19T16:05:33","modified_gmt":"2025-09-19T14:05:33","slug":"international-succession-and-when-it-applies","status":"publish","type":"post","link":"https:\/\/www.successioniinternazionali.com\/en\/international-succession-and-when-it-applies\/","title":{"rendered":"What is international succession and when does it apply"},"content":{"rendered":"

We at the Crivello Law Firm have been dealing with\u00a0the law of succession<\/strong>\u00a0for years and often see confusion over what it means\u00a0international succession<\/strong><\/a>. In simple terms, succession is the transfer of the deceased’s assets to the heirs and includes both assets – such as real estate, vehicles and current accounts – and obligations, i.e. the debts encumbering the estate.<\/p>\n

We speak of\u00a0cross-border succession<\/strong>\u00a0when, at the time of death, the testator has links with several states. This may be a citizenship other than the state of residence, a residence abroad or the possession of assets in different countries. In such cases, the handling of the international estate requires attention to domestic rules and EU instruments.<\/p>\n

Today, the main framework for successions between Member States is the\u00a0EU Regulation 650\/2012<\/strong>. Where the regulation does not apply, the Italian rules and law 218\/1995, duly updated, remain valid. The practical aim is to reduce conflicts of jurisdiction, cut down time and costs and facilitate the recognition of acts between countries.<\/p>\n

In the following sections, we will explore how a national succession differs from a cross-border succession, what prerequisites make it international and what practical tools European law offers for heirs and professionals.<\/p>\n

What is an international succession<\/h2>\n

In our work we often encounter cases in which the inheritance involves elements from different states. The\u00a0definition of international succession<\/strong>\u00a0describes precisely these situations, when death opens an estate with\u00a0connections to multiple states<\/strong>. Understanding the nature of the case is the first step to avoid conflicting rules and procedural delays.<\/p>\n

Legal definition and difference between national and cross-border succession<\/h3>\n

To clarify, the\u00a0cross-border succession<\/strong><\/a>\u00a0occurs when elements belonging to different countries, such as citizenship,\u00a0habitual residence<\/strong>\u00a0or location of assets, are involved. This\u00a0definition of international succession<\/strong>\u00a0is based on principles of\u00a0private international law<\/strong>.<\/p>\n

The\u00a0domestic transfer<\/strong>\u00a0differs from the\u00a0cross-border transfer<\/strong>\u00a0because the former is subject exclusively to domestic law and local authorities. The second requires the intervention of supranational rules, especially in the European Union, where Regulation 650\/2012 dictates rules on applicable law and competent authorities.<\/p>\n

Prerequisites determining international nature<\/h3>\n

The\u00a0requirements of international succession<\/strong>\u00a0include multiple nationality,\u00a0habitual residence<\/strong>\u00a0at the time of death and the location of assets. Each element can move the case out of purely domestic jurisdiction.<\/p>\n

The assessment of\u00a0habitual residence<\/strong>\u00a0requires a case-by-case analysis. The authorities verify the close and lasting connection of the deceased with a country. This assessment influences the choice of applicable law and territorial jurisdiction.<\/p>\n

Background data and practical relevance<\/h3>\n

The\u00a0data on cross-border successions<\/strong>\u00a0show a growing trend, driven by mobility for work, study and family. The incidence of EU successions is evident: many families deal with paperwork in multiple states and documents to be recognised abroad.<\/p>\n

The\u00a0practical relevance of inheritance abroad<\/strong>\u00a0results in difficulties for heirs: complex communications with foreign authorities, risk of duplicate proceedings and increased burdens. That is why it is important to plan and seek specialist assistance in\u00a0private international law<\/strong>.<\/p>\n

EU rules, applicable law and practical aspects for heirs and professionals<\/h2>\n

In this section we explain how European rules and national rules interact in handling a succession with foreign elements. We focus on operational rules, choice of law and practical steps for heirs, lawyers and notaries. The content incorporates references to\u00a0EU Regulation 650\/2012<\/strong>\u00a0and Italian law.<\/p>\n

EU Regulation 650\/2012<\/em>\u00a0defines the scope of operation as of 17 August 2015 and indicates the scope of application of EU successions for civil matters of intestate succession. The\u00a0matters excluded from the regulation<\/strong>\u00a0concern taxation, trusts, administrative matters and matrimonial property regime.<\/p>\n

To determine the applicable\u00a0law in international successions<\/strong>\u00a0we refer to Article 21 of the Regulation, which applies the law of the state of the deceased’s habitual residence at the time of death. If a closer connection with another country emerges, that different law may apply. The\u00a0professio iuris<\/strong>\u00a0allows the testator to choose a law from among those of which he is a citizen. The\u00a0authorities competent in the succession<\/strong>\u00a0may be courts or notaries of the competent country. In case of litigation, the\u00a0tribunal competent for the succession<\/strong>\u00a0is usually that of the deceased’s last place of habitual residence. The heirs may agree on different venues if all parties agree.<\/p>\n

The\u00a0role of the notary in international succession<\/strong>\u00a0includes the drafting of deeds, the verification of foreign documents and tax fulfilments. In Italy, the notary takes care of the\u00a0notarial filing art. 106 notarial law<\/strong>\u00a0when foreign public deeds are to be made effective in the national territory.<\/p>\n

In documentary terms, the\u00a0European Certificate of Succession<\/strong>, or\u00a0European Certificate of Succession<\/strong>, proves the status of heir, legatee or executor. The probate authority issues the certificate and keeps it, issuing certified copies. The\u00a0advantages of the certificate of succession<\/strong>\u00a0emerge in the simplification of dealings with banks and foreign administrations.<\/p>\n

For a\u00a0foreign will to be valid in Italy<\/strong>\u00a0it is often necessary to have a\u00a0notarial deposit (Art. 106 Notarial Law)<\/strong>. A\u00a0foreign will valid in Italy<\/strong>\u00a0is recognised if it complies with the\u00a0forms of the law of the country of drafting<\/strong>\u00a0and the provisions of the\u00a0European Regulation on International Succession<\/strong>.<\/p>\n

Finally, taxation must be addressed. The Regulation does not regulate the\u00a0taxation of international successions<\/strong>; the\u00a0inheritance taxes in Italy<\/strong>\u00a0remain applicable according to the territoriality principle. The main fulfilment is the\u00a0inheritance tax declaration<\/strong>\u00a0that determines the tax and tax credits in case of assets taxed abroad.<\/p>\n

Conclusion<\/h2>\n

An\u00a0international succession<\/strong>\u00a0arises when the deceased maintains concrete links with several states: residence, citizenship or foreign assets. The\u00a0EU Regulation 650\/2012<\/strong>\u00a0provides a framework for determining the applicable law, identifying the competent authorities and using instruments such as the\u00a0European Certificate of Succession<\/strong>. However, matters remain regulated at national level, in particular taxation and some substantive issues.<\/p>\n

For those dealing with cross-border cases, it is crucial to consult a specialist. Errors in the choice of forum, notarial filing or validation of foreign deeds can cause delays and costs. An experienced lawyer coordinates requests to foreign authorities and ensures compliance with EU and Italian law procedures.<\/p>\n

At\u00a0Studio Legale Crivello<\/a>, we offer comprehensive\u00a0assistance for international succession<\/strong>: assessment of applicable law, strategic choice of forum, management of the\u00a0European Certificate of Succession<\/strong>\u00a0and coordination with foreign notaries and authorities. We also take care of the filing and verification of foreign deeds under Article 106 of the Notarial Law and tax advice for the\u00a0declaration of succession<\/strong>\u00a0in Italy.<\/p>\n

If you are dealing with a succession involving several jurisdictions, contact us for a personalised consultation. The\u00a0Studio Legale Crivello\u00a0<\/strong>guarantees a practical and rapid approach, with direct assistance in Italy and abroad to resolve complex cross-border practice issues.<\/p>\n","protected":false},"excerpt":{"rendered":"

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