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Answered in 1 hour by:
5/22/2011
VerifiedDr. Andrew :
Dear XXXXX,
according to Italian law, you keep your inheritance rights on your husband’s estate if you’re legally separated, but you lose them when you divorce.
And there’s no difference if the divorce has been registered or not in Italy, because the effects of the divorce starts from the when it is declared, not registered.
In theory, then, you don’t inherit his estate.
Concretely, if the divorce hasn’t been registered and you claim his estate as wife, you’ll be asked just to prove that you were married with your husband, and the bank or the real estate authority won’t ask you to prove also that you were not divorced.
The risk is that the persons that would inherit your husband’s estate if your divorce is proven, will try to do it (they can do in 10 years after your husband’s death and quite easily, asking for a divorce certificate in England), and that you’d have to give everything back.
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