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Case history

Succession: division agreement in mediation to safeguard inheritance assets

A complex inheritance dispute between four siblings in relation to a considerable inheritance of their deceased mother was successfully resolved by a report of conciliation in mediation. As part of the proceedings – which took place with the assistance of senior associate Clarissa Auriemma – Campa Avvocati provided assistance in this inheritance dispute before the Forensic Mediation Body of Lecco, in which an expert drawn by lot from among the names proposed by the co-heirs was appointed to jointly estimate the shares of real estate that had fallen into probate and, at the same time, the liquidation of the securities and movable property held by the deceased was requested, with payment of the balance into a joint account in the heirs’ names. A preliminary division agreement was then reached, formalised by the parties by signing an actual division agreement in the form of a notarised public deed in the offices of the Mediation Body, taking advantage of the favourable tax regime provided for agreements concluded before the mediator. With the notarial deed, the transfers of the real estate shares were then carried out in accordance with the divisional cheques and, with immediately following bank orders, the already prearranged property division was also implemented. In this way, lengthy and certainly costly civil litigation was avoided, all while safeguarding the interest of each heir and the family business conducted within some of the assets that had fallen into the estate.