The Italian-Swiss Convention on International Succession is a unique bilateral agreement in the European legal landscape. Signed in 1868 and entered into force in 1869, this convention establishes specific rules for the settlement of successions involving Italian and Swiss nationals. It is distinguished by its longevity and its particular approach to the management of cross-border successions, offering a legal framework distinct from the usual rules of private international law. This agreement has a considerable influence on estate planning and dispute resolution for families with links to both countries, creating a sui generis legal regime at the heart of Europe.
The Italian-Swiss Convention on Succession has its roots in the historical context of the 19th century, a period marked by major migratory movements between Italy and Switzerland. Faced with an increasing number of cross-border inheritance situations, both states felt the need to create a stable and predictable legal framework for their nationals.
This bilateral agreement is part of a tradition of close diplomatic relations between the two countries. It reflects a shared desire to simplify inheritance procedures and guarantee better protection of the rights of heirs, irrespective of their place of residence or the location of the estate assets.
From a legal point of view, the Italian-Swiss convention stands out for its innovative approach at the time. It establishes rules of jurisdiction and applicable law that differ from the principles generally accepted in private international law. This specificity has enabled the convention to survive the decades, retaining its relevance despite the evolution of international inheritance law.
These characteristics have shaped a unique approach to the management of international successions between these two countries, creating an island of legal stability in an often complex area of private international law.
The principle of unity of succession is one of the fundamental pillars of the Italian-Swiss Convention. Unlike many legal systems, which apply different rules to movable and immovable property, this agreement treats all inheritance assets as a single entity.
This unitary approach has several advantages:
In practice, this principle means that a single law applies to the entire estate, whether the assets are located in Italy, Switzerland or a third country. This approach contrasts with the private international law rules of many countries, which can lead to a fragmentation of the estate depending on the nature and location of the assets.
The principle of unity of succession offers greater legal certainty for those wishing to plan their estate. It makes it possible to consider the transfer of assets as a whole, without having to take into account the specificities linked to the location of assets.
In particular, this approach facilitates :
However, it should be noted that this principle can sometimes conflict with the private international law rules of other countries, particularly when real estate is located outside Italy and Switzerland. In such cases, a thorough analysis of the situation is necessary to anticipate possible complications.
The Italian-Swiss Convention establishes specific rules of jurisdiction that differ from the principles usually applied in international succession matters. It grants exclusive jurisdiction to the authorities of the deceased’s last domicile for the entire estate.
This single jurisdiction rule has several advantages:
In practice, this means that if an Italian national dies with his or her last domicile in Switzerland, the Swiss authorities will have exclusive jurisdiction to deal with the entire estate, including assets located in Italy. Conversely, if a Swiss national dies with his last domicile in Italy, the Italian authorities will have exclusive jurisdiction.
The notion of last domicile is of vital importance in the application of the Convention. It not only determines jurisdiction, but also indirectly influences the law applicable to the succession.
The criteria taken into account to determine the last domicile include :
It should be noted that determining the last domicile can sometimes prove complex, particularly for people with close ties to both countries. In such cases, an in-depth analysis of the factual circumstances is necessary to establish domicile within the meaning of the Convention.
The Italian-Swiss Convention adopts an original approach to the law applicable to succession. Unlike many legal systems, which apply the law of the deceased’s last domicile or habitual residence, this convention provides for the application of the deceased’s national law to the entire succession.
This rule has several special features:
For example, if an Italian national dies in Switzerland, Italian law will apply to his or her entire estate, including assets located in Switzerland. Similarly, if a Swiss national dies in Italy, Swiss law will govern his or her estate, including assets located in Italy.
The application of the deceased’s national law can have significant consequences for the settlement of the estate. In particular, it can influence :
It should be noted that this rule can sometimes lead to the application of a law that is unfamiliar to the authorities in the country where the inheritance procedure is taking place. In such cases, it may be necessary to call in experts in foreign law to ensure the correct application of the deceased’s national law.
The Italian-Swiss Convention establishes a system of mutual recognition of judicial decisions in inheritance matters between Italy and Switzerland. This mechanism is designed to facilitate the enforcement of judgments and avoid redundant procedures in both countries.
The main aspects of this recognition system are :
This system of mutual recognition contributes greatly to the effectiveness of the convention, by ensuring legal continuity between the two countries. In particular, it avoids deadlock situations where an inheritance decision would be valid in one country but not recognized in the other.
The exequatur procedure, required to enforce a foreign decision, has been simplified under the Italian-Swiss agreement. This simplification translates into :
This streamlined procedure greatly facilitates the practical implementation of inheritance decisions, particularly when assets are located in both countries.
Despite its age, the Italian-Swiss Convention on Succession continues to play a significant role in today’s legal landscape. Its application raises complex issues in an era of increasing international mobility and evolving European inheritance law.
Aspects to consider include
The Italian-Swiss Convention provides a stable and predictable legal framework for successions involving Italian and Swiss nationals. However, its application can be complex in certain situations, requiring specialized legal expertise.
In this context, the services of lawyers specializing in private international law and cross-border estate planning are often indispensable. These professionals can add significant value by :
The expertise of a specialist lawyer can help you navigate the complexities of the Swiss-Italian convention, and ensure optimum management of international successions between these two countries.
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