Less inheritance disputes with genealogy

Desperately wanted heir. Or almost. If you combine some statistical data with some legal data, it is indeed not always easy to find surviving relatives entitled to inherit.

Indeed, in Italy, on the one hand, according to official surveys carried out by the Ministry of Justice in 2018, the average propensity to make testament stands at 12% (which may at the limit have risen by a few units after the Covid-19 pandemic); on the other hand, the limit set by article 572 of the Civil Code for legitimate succession is the sixth degree of kinship (whereas in many other European countries, such as Spain, Denmark, Austria, Portugal and Cyprus, the threshold stops at the fourth degree; Malta is an exception, where one inherits up to the twelfth). To this must be added the phenomenon of the progressive increase in longevity (in which Italy ranks second worldwide) and the increasingly frequent phenomenon of relatives residing in countries geographically distant from Italy, difficult to find or even unknown.

When someone dies without a will and without leaving a spouse, children, parents or other close relatives, it may then prove useful to make use of the acquisitions of a science or discipline that is still neglected in Italy (in France things are different), namely the genealogy of inheritance which, on the basis of a series of documents (civil status registers, civil status certificates, documents from notarial or diocesan archives or other written sources), makes it possible to identify the successors, according to their order of vocation.

Genealogical research conducted with care and diligence allows, first of all, potential heirs to become heirs, thus also bringing to an end that eventual phase of provisional management to which the name of 'recumbent inheritance" is given. Secondly, it avoids the risk that the assets left over by the de cuius are destined for persons who would have no title but who present themselves in the legal world as 'heirs apparent', the acquisition from whom is protected by law (Article 534 of the Civil Code). Finally, once the possible heirs called to the estate have been identified, doubts as to who will be the heir can soon be dispelled, since Article 481 of the Civil Code provides for the so-called actio interrogatoria, aimed at soliciting the person called to express his or her opinion within a short period of time as to whether or not he or she intends to accept the inheritance.

In this delicate genealogical research activity, the contribution or support of professionals equipped with rigorous investigation methodologies and adequate tools to reconstruct the de cuius' entire family tree is essential. Among the very few experts of reference at European and international level is the Coutot-Roehrig society, which boasts a prestige and tradition in the field dating back to the end of the 19th century (it is no coincidence that the founders were two French lawyers, since a specific culture in the field and a professional register already existed in France).