Forced inheritance imposed on England and Wales (in Del Curto v. Del Curto)?

However, as with any simplification, caveats are required. The most common domestic reservations are the English intestate succession rules and the Inheritance (Provision for Family and Dependants) Act 1975, which in certain circumstances allows third parties to bring claims against an inheritance. A further caveat in conflict law is that England recognizes compulsory inheritance in respect of moveable property if the deceased is not a British citizen, although it does not exist domestically. The case of Del Curto v Del Curto [1] raises another caveat: forced inheritance through litigation.

What links Chile to Italy and England?

Mr. Davide Del Curto was an Italian citizen who died in a helicopter crash in Chile in 1983. His three children survived: the older two, Julian and Gloria, were born in wedlock and were therefore "legitimate", while the youngest, Rita, was born out of wedlock and was "illegitimate". The relationship between the siblings was poor. Mr. Del Curto had property in many jurisdictions, including Italy, Switzerland, and Chile. Mr. Del Curto's will (which made no provision for his children) did not cover his Chilean estate. Consequently, his Chilean estate passed to his legitimate children (and their mother) under the 1983 Chilean intestate succession rules in effect. Those rules did not provide for the inheritance of illegitimate children, and therefore Rita did not receive any part of her father's Chilean inheritance. Rita sued in Italy under the (broad) Italian rules of forced inheritance for 2/9ths of her father's worldwide inheritance (since her father was an Italian citizen at the time of his death). The Italian court awarded Rita the right to inherit in Italy on February 4, 2022.

English question

The starting point under English common law is that a foreign judgment that creates an obligation valid in England cannot be enforced except by commencing new proceedings in which the foreign judgment itself is the cause of action. This effective re-litigation can be slow and expensive. However, the baseline is changed by certain statutory provisions. [2] One of the key consequences of this legislative intervention is that a judgment creditor (an individual who is owed money under a foreign judgment) can apply to register a foreign judgment in England as if it were an English judgment, subject to certain conditions. The High Court was required to determine whether it was proper to register the Italian judgment in England. The High Court allowed registration for the following reasons. The legislation allowing registration of a foreign judgment requires that "there must be a sum of money under [the judgment]". Julian's defense argument was that (i) the exact amount must be stated in the judgment that sought to be registered; (ii) the calculation of that amount could not be based on other documents, such as those specified in the judgment; and (iii) the judgment was actually for the recovery of assets in kind (i.e., the assets themselves), not a specific amount. The High Court did not agree

Why it's important.

This case is an important reminder of the complexity of international inheritances. Ordinarily, England's involvement in this international scenario could not have been predicted because the deceased had no assets in England. However, this case is reminiscent of divorce where a disappointed spouse seeks to enforce an otherwise unrelated divorce decree in England. Generally, planning can help minimize the risk of this happening. It is important to make sure that your worldwide estate is covered by your will (or several wills and related transactions) so that your wishes for the disposition of your inheritance can (in theory) be carried out as accurately as possible. Even then, however, it is sometimes difficult to ensure that the disposition of your inheritance will be carried out in this way, as even in jurisdictions where "testamentary freedom" exists, forced inheritances may be recognized.

[1] Full name of case: Rita Alay Libera Del Curto v Julian Enrique Del Curto and Gloria Del Curto [2023] EWHC 2106 (KB).

[2] First of all, the Mutual Recognition of Foreign Judgments Act of 1933.