Anticipating Succession: How to Legitimately Receive an Inheritance Advance
Anticipating succession can be achieved through various means, one being donations made while still alive. Donations, whether of immovable property or money, are considered an advance on the inheritance, reducing the total estate value. However, if the donor has close relatives, the donated assets will still be part of the legal share reserved for them […]
Spousal Maintenance for Ex-Spouse Devoted to Children’s Care
According to the Court of Cassation, spousal maintenance is granted to the ex-spouse who dedicated themselves to the care and education of the children and is therefore unable to engage in employment. The compensatory and equalizing functions of spousal maintenance. Spousal maintenance is awarded to the ex-spouse based on their contribution to the accumulation of […]
Duration of Marriage and Alimony
The duration of marriage can impact alimony in cases of separation and divorce. The Court of Cassation has shed light on this matter, addressing whether a short-lived marriage entitles the lower-earning spouse to financial support after separation. Alimony is awarded upon separation and replaced by divorce alimony upon divorce. The criteria for calculating these measures […]
Parental Custody: Ensuring Children’s Welfare in Cases of Neglected Support
Father loses custody if he fails to support his children, according to the Milan Court. In cases where the father completely neglects his financial obligations, exclusive custody is granted to the mother. The court has the authority to override the rule of shared custody if it is determined to be detrimental to the child’s best […]
What is inherited upon someone’s death
Inheritance encompasses a wide range of aspects, including physical and legal elements. In legal terms, inheritance refers to the transfer of a deceased person’s assets, rights, and obligations to the heirs. However, this definition does not provide a complete understanding. Let’s delve into the specifics of inheritance: what is transmitted, when it occurs, what is […]