Certificato successorio europeo e tutela dei figli

Di Claudia Benanti -

The European Certificate of Succession is for use by heirs who, in another Member State, need to invoke their status or to exercise their rights as heirs. According to the Italian law, the children are entitled to a «reserved» portion of the estate, but a testator may legally dispose of his entire estate. Furthermore, in accordance with the principles set forth by the Italian Supreme Court, the relatives entitled to a «reserved share» are not heirs until they have not contested the will. Therefore, there is the need to analyse if the children who have not received the «reserved share» are entitled to submit an application for a Certificate, to be informed both of an application then of the issue of the Certificate and to challenge the decisions taken by the issuing authority before a judicial authority.