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Inheritance waiver

 

Inheritance waiver

Please note: due to the pandemic, all cancelled appointments with the Notary Department will be rescheduled over the next few weeks.

Please note: COVID-19 EXCEPTIONAL PROCEDURES – Currently you can access the Consulate General only if you have an appointment (no walk-ins). For all those services that require attendance at the Notary Department (also in case of a proven emergency), you need to schedule an appointment by writing to notarile.londra@esteri.it (the PrenotaOnline system is currently suspended).

The inheritance waiver is executed by means of a statement:

In Italy

a. Made before a Notary Public or
b. Made before a Registrar of the Court where the probate estate has been opened (Cancelleria della Volontaria Giurisdizione)

Abroad
c. Made before a Consular Official.

According to art. 480 of the Italian Civil Code, the right to accept and then to waive an inheritance can be exercised within 10 years from the date of the deceased person’s death.

An on-line appointment (click here) must be booked at this Consulate to sign the statement of acceptance or waiver of inheritance. On the day of the appointment, the interested party must bring the following documents:

- A valid Italian identity document (passport or identity card)
- Italian tax code
- Photocopy of the deceased’s death certificate.

Also the details relating to both the residence of the interested party and the previous residence of the deceased must be provided.
The cost of this service is indicated in the art. 26 of the List of Consular fees (link to the List)

PLEASE NOTE:
Prior authorisation by the Judge supervising Guardianship must be obtained if the acceptance or waiver of inheritance concerns a minor. To this end, please refer to the information published in the section on the Judge supervising Guardianship (click here).
According to art. 52 of the Italian Civil Code the inheritance weaver (art. 519 of Implementing Provisions of the Civil Code) must be entered in the Probate register kept at the Registry of the Court where it has been filed. Therefore, the statement made at this Consulate General must subsequently be registered, by the person concerned, at the Probate Registry of the competent Italian Court. For registration and payment methods please contact the Court.


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