Regarding the effects of art. 22 Reg. EU No. 650/2012, the Court of Cassation, with a judgment of April 16, 2021, once again confirmed the prevalence of the criterion of professio iuris over that of the last residence in the matter of succession.
In the specific case, the deceased Dutch citizen had been living in Italy for years.
However, at the time of death, a will drawn up by the de cuius was found with which the same, exercising the profession iuris, elected and made applicable the right of the Netherlands to his own succession, as a law of citizenship.
Despite the opposition of the daughters who invoked before the Italian judicial authority the applicability of the Italian right to succession for a series of reasons including the criterion of last residence, the Court of Cassation confirmed the validity and prevalence of the criterion designated by the de cuius con la professio iuris in accordance with the provisions of Article 22 of Regulation (EU) n. 650/2012.
Â
Milano, January 18th 2022.
Avv. Giovanni Babino
Comments