By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

2017 New Legislation: Holding Account

Keeping Your Money Safe in a Holding Account until the Completion of Your Italian Property Purchase

On 29th August, 2017, the holding account was introduced. The new legislation governing payments for the purchase of Italian residential and commercial Holding accountreal estate property came in to effect as part of the Law of Competition. The legislation is retroactive, which means that it also applies to ongoing property purchases started prior to 29th August 2017.

New rules aim to give better protection to both buyers and sellers. Funds for the completion of purchase of Italian property real estate will now be held in a holding account by the chosen notary to the transaction. Deposits connected with a reservation offer and preliminary contracts are not subject to this new legislation. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

Buying an Italian property: how to avoid pitfalls

Italian propertyBuying an Italian property should be an exciting process, but it can also be complex.

The best way to protect your investment when buying an Italian property is to engage an English-speaking Italian lawyer. Instructing an independent, English-speaking Italian lawyer could save you money and stress in the long run.

Choosing the right Italian lawyer is a very important decision. Make sure you instruct an independent English-speaking lawyer, who has experience advising international clients in relation to property purchases in Italy.

(more…)

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By In EU provisions, Inheritance, Inheritance Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

De Tullio Law Firm at the YourOverseasHome event

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law

Reserved Acceptance – Italian Inheritance

reserved acceptanceReserved Acceptance – Brief Case Study

For a better comprehension of reserved acceptance, we have provided a brief case study concerning this topic.

Silvia and Eric Jones owned a beautiful property in Liguria. They were resident in Italy, loved life here and were well-integrated in to their local community. Sadly, recently, in close succession, Silvia and Eric died.

The Jones’ sons, Larry and Tom, have been in touch with De Tullio Law Firm about their parents’ Italian Wills. They have some concerns regarding what happens when heirs are unsure exactly what they are inheriting. Larry and Tom are very concerned that their parents’ estate may be encumbered with debt. (more…)

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By In EU provisions, Inheritance, Inheritance Law, Italian law, Italian Property, Law, Law Firms in Italy

What is a Biotestamento (Living Will)?

The Italian Chamber of Deputies has approved the text of a bill on the so-called biotestamento (Living Will). This bill will now be debated in the BiotestamentoSenate. A Biotestamento has nothing to do with euthanasia.

Italian legislation on Biotestamento is divided into two parts: the first, more general part, deals with giving informed consent on medical treatments and on filling in DATs (disposizioni anticipate di trattamento, the Italian for anticipated instructions for treatment), through which a person may indicate wishes in relation to the medical treatments he/she intends to be subjected to when he/she is no longer conscious due to an accident or to an illness. (more…)

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By In Inheritance Law, Italian law, Law

Right of Representation in Italian Succession

Representation is the right of a descendant to replace an ascendant if the latter is unable or unwilling to accept an inheritance or legacy.

In order to take place, it must be based on two premises:

-The ascendant, who does not wish to or is unable to succeed, must legally be entitled to succeed;

-In case of testamentary succession, there must be no other provisions made by the testator which prevail over representation. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law, Property law, Real Estate Law

Italian Inheritance Tax – Imposta di successione

Italian Inheritance TaxItalian inheritance tax, “Imposte di Successione” was abolished by law no. 383 of 18 October 2001. Subsequently, the government re-introduced inheritance tax through law no. 286, dated 24th November 2006. The law has been applicable to inheritance cases since 3rd October 2006. (more…)

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By In EU Divorce Law, EU provisions, Italian Divorce Law, Italian law, Law

De Tullio Law Firm Reviews Italian and EU Divorce Law

Living in a cross-cultural relationship

Italian Divorce Law is one of the frequent questions our clients address to our law firm. Many of them and many friends and family members, in fact, are part of a cross-cultural relationship and for the most part it is an enriching and beautiful Divorce lawexperience but it can also difficult to manage.

When it comes to marriage and children it is wise to speak to experts, both for emotional support and legal support. Regrettably, international separations and divorces are becoming more common.

Obviously, people don’t enter in to married life thinking about where the best location for a divorce would be. However, where couples choose to divorce can have a major impact on both parties’ financial health, so getting it right is very important. Delays in deciding this could result in a disastrous outcome. (more…)

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By In Inheritance, Inheritance Law, Italian law, Law, Notary

How can an English-speaking Italian inheritance lawyer help with the Italian inheritance process?

Italian Inheritance lawyerThe Italian inheritance process can be a complex process

If you have been named as a beneficiary of assets in Italy, and you have decided to accept your Italian inheritance, it is a good idea to use a specialist Italian Inheritance lawyer to help support you. The Italian inheritance process can be a complex process, so obtaining the right legal advice and having the right lawyer on your side will be massively beneficial in helping you get through it. Especially if you are not resident in Italy. This article looks at some of the reasons why you should engage legal services. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Property, Law, Notaio, Notary, Property law

Italian Succession Law – An Overview

Introduction

Italian succession law follows the Roman Law principle which gives some protection to close members of the family, partially limiting the right of the testator to dispose of assets. Italian Succession Law

Testamentary Succession consists in the assignment of hereditary assets in compliance with the wishes of the testator as set out in an Italian Will. In the absence of a Will, instead, inheritance is devolved following the principles of Legal Succession. (more…)

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