Transnational succession

In a case involving the estate of a British citizen who passed away in Italy in 1999, a legal dispute arose over which national law should govern the succession. The deceased, who was domiciled in the UK but owned property in Italy, had previously drafted a will before getting married. His Italian spouse contended that the will should be nullified under English law, as marriages typically revoke prior wills according to the Wills Act 1837.

However, other heirs argued that Italian law should apply, maintaining the will's validity. The issue centered on the different legal approaches to succession in Italy and the UK. Italian international private law generally adheres to the principle that a single national law, determined by the deceased's nationality at the time of death, should apply to the entire estate.

In contrast, in common law countries like the UK, the laws applicable to an estate can vary based on the type of assets involved. The Italian Corte di Cassazione, in its judgment, navigated these complex legal waters by applying its own criteria to categorize the case, ultimately deciding that English law should govern movable assets, while Italian law should apply to immovable property located in Italy.

This dual approach allowed for the estate to be divided according to different national laws, illustrating a pragmatic solution to the complexities of transnational succession and highlighting the potential for legal conflicts in such matters. The Italian court's decision reflects an understanding of both legal systems, ensuring that the deceased's national law governed while also accommodating the specific legal context of the property's location.