Berlusconi's Will: Understanding the Implications and Challenges
Berlusconi's testament has generated significant interest and raised important questions about the distribution of his estate.
The testamentary bequests made by Berlusconi to Marta Fascina (€100 mln with an inheritance tax rate of 8%), Paolo Berlusconi (€100mln with an inheritance tax rate of 6%), and Marcello dell'Utri (€ 30 mln with a inheritance tax rate of 8%) are the responsibility of Marina, Piersilvio, Barbara, and Eleonora. However, there may be potential complications regarding the fulfillment of these bequests.
A crucial question arises regarding whether the heirs will comply with the provisions of the testament, considering that the bequests were subject to the condition that Berlusconi "should not return from the hospitalization" that took place on January 19, 2022. The effectiveness of these bequests may be called into question since Berlusconi returned from hospitalization. It will be up to the heirs to decide whether to honor their father's wishes.
Marta Fascina can continue living in the house in Arcore for few years.
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The responsibility of fulfilling the material bequests lies with the heirs, and they may need to make payments or deliver specific assets. However, there may be exceptions if the de cuius has specified that the bequest should be paid using funds from a specific bank account.
After receiving the bequests, the beneficiaries are required to pay the relevant inheritance taxes on the amounts received. It will be necessary and crucial to fill out an inventory of all the assets included in the succession, which will impact the allocation of the legitimate share to the heirs.
Berlusconi's testament aimed to protect the control of Fininvest and the three major listed companies (MFE, Mediolanum, Mondadori). The division of the estate and the potential challenges related to it are also discussed.
It will be very complex to handle such a significant inheritance and highlights the roles of the heirs, legal advisors, and experts in navigating the challenges and ensuring the proper execution of Berlusconi's will.