Legal Question in Real Estate Law in Italy

My Father owned a business plus the freehold.Its a restaurant and was going through hard times after buying a second property. This is all in Italy. Needing a lone from the bank he was told to give my 2 brothers a share in the business of 20% each leaving my mother and himself 30% each. When my mother asked him what about our daughter (myself) he replyed I can give her 10% and so can you! Which still would have ment they were the majority share holders.Sadly my father shortly after died. They signed papers in hospital because my father was ill at the time, infront of a Notary, my father's accountant all in my absents.With his inheretance I come into the business with 6and1/2% my mother gained 10% leaving her with 40% Thanking the Lord she remains the majority share holder.But the boys have also gained another 6and1/2 leaving them with 26%.My mother should be the sole owner or we should all have equal shares as children.The loan from the bank still has to come through. My mother would like to know if we could make the boys give back their shares, because she feels hard dune by as so do I .One of my brothers is a good boy the other one drinks and only thinks of bleeding the business of money.I would be much obbliged if you could give me some light on the italian laws. I did live in Ireland untill my father fell ill. Thank you for your help

Asked on 9/27/09, 4:57 pm

1 Answer from Attorneys

Andrea Tedioli Studio legale Tedioli

In my opinion, this is not a problem regulated by Italian law. According to our art. 46, i.p.l., law that regulates succession and inheretance is the national law (Irish) of de cuius (Your father) at the time of death. The fact that the restaurant as real estate is in Italy, could have relevance only on Jurisdiction (of the Italian Court).

Hoping to be useful,

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Answered on 9/28/09, 9:46 am

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