Investigations for Private Individuals: Inheritance and Succession

Succession mortis causa is the legal phenomenon whereby, upon the death of an individual (also known as the “de cuius”, which in Latin means “the person whose inheritance is involved”), certain property rights are transferred to other individuals. In short, following the death of a person, pursuant to Article 456 of the Italian Civil Code, their inheritance is opened.

Succession thus represents the generational transfer of assets (credits, property, securities, etc.) and liabilities (debts, etc.) from one person to another. The set of rules governing this matter is known as inheritance or succession law.

The most significant distinctions that can be drawn from the rules on succession are those that contrast, on the one hand, universal succession with particular succession and, on the other, legitimate succession with testamentary succession.

With regard to the distinction between universal succession and particular succession, the former occurs when a person (i.e. the heir) takes over, either alone or in conjunction with other persons (in which case it is referred to as “joint inheritance”), in the entirety or in a share of the estate (or assets), i.e. in the set of transferable assets and liabilities belonging to the deceased at the time of their death. Particular succession (known as a “legacy”), on the other hand, occurs when someone (known as a legatee), on the basis of the provisions of the will, succeeds only to one or more specific relationships, which are not taken into account as part of the entire inheritance.

Universal succession is therefore succession to the entirety or a share of the deceased’s estate, while specific succession is succession to one or more rights, specifically identified by the testator.

Among the main differences in these types of succession, it should first be noted that only the heir (and not the legatee) takes over all transferable property relationships (also acquiring any debts) and is entitled to continue any legal proceedings initiated by the deceased during their lifetime. Closely related to this circumstance is the rule that inheritance must necessarily be accepted (expressly or tacitly), while a legacy, being substantially beneficial to the legal position of the recipient, is acquired even without acceptance, subject to the right of renunciation.

The Argo Investigation Agency carries out, with the utmost seriousness and professionalism, through qualified private investigators, all types of investigations to check whether any illegalities have arisen in inheritance disputes, producing legally valid documentary evidence that can be used in court to resolve legal disputes or unclear situations related to inheritance.

The investigations will be useful in verifying whether the share of the estate legally due to the heirs has been affected and whether the provisions of the will drawn up by the deceased fall within the available share and are therefore fully at the disposal of the testator.

At the end of each investigation, we will provide detailed reports certifying the findings of the investigation. The investigation report will be accompanied by video and photographic evidence, searches with evidence of data, testimonies and other documents relating to the inheritance in dispute.