Reserved 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…)
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 Senate. 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…)
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…)
Italian 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…)
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 experience 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…)
The 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…)
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.
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…)
On 8th October 2015, Avv. Giandomenico De Tullio was appointed as regional representative for Puglia of the American Chamber of Commerce Italy.
The American Chamber of Commerce in Italy (AmCham) is a private, non-profit-making organisation whose aim is to develop and promote economic and cultural relations between the United States and Italy, to support and protect the interests of its associates’ commercial activities between the two countries, and to disseminate information concerning AmCham’s own activities amongst its members.
“Puglia has one of the most intense economies of Italy and a dynamic industrial production, as it includes strategic companies which now form an integral part of the national system, and, in many cases, groups of international importance. As a proof of the region’s competitive strength, it is enough to observe the region’s exports: in 2014 Puglia led export in the south of Italy with a +9.4% growth and it was the first region in Italy in terms of growth percentage.
Puglia is home to factories and companies belonging not only to industries traditionally associated with the region, such as agriculture, but also to steel, automotive, aerospace, furniture and clothing. As to the agricultural sector, Puglia is the region with the highest Italian olive oil production levels, at 36,6%, and it supplies hundreds of oil mills all over Italy. The agricultural development model of the region aims to combine competitiveness with economic and environmental sustainability.
Puglia features as the second Italian region for energy production from fossil and renewable sources, while being the main Southern Italian region for photovoltaic installations and wind power generation.
The cornerstone of the whole industrial system in Puglia is represented by over 80 sites of about 100 medium and large foreign and national groups employing over 40.000 direct employees. Alongside these large foreign and national groups, there are SMEs and artisanal enterprises permeating the whole regional economic system, producing and supplying goods to a wide variety of sectors.” (Source: Amcham.it)
Italian Inheritance principle
The law no. 218 of the 31st of May 1995 regulates the field of Italian inheritance law in the framework of international private law.
The succession rules are determined on the basis of the national law of where the decedent was deemed habitually resident at the time of death.
Italian Inheritance legislation adopts the principle of “unity of inheritance”. This principle differs substantially from the one adopted in common law countries. It is based on a division between non-property assets and property assets: (more…)