Can Italian forced heirship rights be enforced in England? Some remarks on the Del Curto decision

Abstract

This case concerns the enforcement in England of a judgment where an Italian court ordered that the natural daughter of a deceased should receive a certain share of her father’s estate. It is not the assertion of a forced heirship entitlement but the application of Italian intestacy rules. The Master’s decision raises some questions as to the enforceability in England of an Italian judgment in a matter of succession. It is hoped that this will be clarified on appeal.