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

Possible effects of ‘Brexit’ on pensions for UK nationals living in Italy

BrexitIn his first words since accepting the result of the Brexit referendum on Friday, Mr Johnson wrote in 27th June’s edition of The Telegraph that, “EU citizens living in this country will have their rights fully protected, and the same goes for British citizens living in the EU”.

His column said: “The only change – and it will not come in any great rush – is that the UK will extricate itself from the EU’s extraordinary and opaque system of legislation: the vast and growing corpus of law enacted by a European Court of Justice from which there can be no appeal.” (more…)

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

UK property purchasers in Italy after Brexit

How would a Brexit vote affect UK property purchasers in Italy?

Several UK property purchasers have recently asked me about UK property purchasers in Italythe possibility of a Brexit putting an end to all that is good about buying property in Italy. De Tullio Law Firm provides legal advice to foreign purchasers looking to buy property in Italy.

UK nationals buying properties abroad have tended to favour Europe. The most popular markets are Spain, France, Portugal and Italy, as well as Greece, Cyprus and Malta.

There are very practical reasons that make European destinations attractive for UK buyers. There are no visa requirements for UK citizens to travel across the EU. Member state economies are fairly stable. Excellent health care and education systems are available and there is generally a strong grasp of the English language. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Will, Law, Law Firms in Italy, Notaio, Notary

Testamentary Succession in Italy

testamentary successionItalian inheritance law dates back to the Roman Law tradition. It is based on the principle that the deceased’s close family members merit special protection. This partially limits the right of the testator to dispose of assets entirely as he/she wishes.

Testamentary succession can be defined as the assignment of hereditary assets, the estate, of a deceased testator in compliance with the decisions of the testator as set out in an Italian Will. A Will is a legal document drafted and signed by the decedent through which disposal of an estate is determined following death. (more…)

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By In Inheritance, Inheritance Law, Italian law, Italian Will, Law, Law Firms in Italy, Notaio, Notary

Do you, or your family, own Italian assets?

Italian assetsIf you, or your family, own Italian assets, it is advisable to research and prepare for the future of those Italian assets. You can watch our short video on this subject here: http://bit.ly/1VDqOnY

Inheritance and probate laws vary from country to country and it is unlikely that the Italian assets will be subject to the same procedures and laws as the assets at home. (more…)

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

Why is it worth drafting an Italian Will?

71It is generally recommended that foreign citizens owning assets in Italy draft an Italian Will. This will prevent significant difficulties that heirs might experience when transferring the ownership of Italian properties originally registered in the name of the testator. Under Italian law, all foreign Wills must be authenticated by an Italian Public Notary before going through the Italian probate process. (more…)

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

Millions of Britons do not have a Will

The majority of Britons have not written a Will, according to research from the Law Society.50652_fullimage_istock_000067974129_xxxlarge

The representative body for solicitors has now warned that the consequences of dying without a valid will can be dire for those left behind.

The research revealed that 73 per cent of 16-54 year olds don’t have a Will, while 64 per cent of people over the age of 55 have made their final wishes clear in a will. The research also found that men are more likely to have a Will and keep it updated than women. (more…)

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

Power of Attorney

ImmagineAs a solicitor, I am often engaged to act on behalf of my clients in very important legal matters. My clients trust me, my knowledge and experience to handle their affairs by giving me a Power of Attorney. You may have heard of a Power of Attorney, but do you know exactly what its purpose is or when it is used?

In order to shed a little light on the subject, here are a few basic facts about a Power of Attorney together with the legal ramifications as they pertain to purchasing and/or inheriting real estate property in Italy (more…)

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

Cross-Border Inheritance Law (Brussel IV)

Cross-Border Inheritance Law. How Does New EU Succession Legislation Impact You?

This article looks at the new EU Law 650/2012, also known as the Brussels IV Regulation, which came in to effect on 17th August 2015.

Although the UK, Denmark and Ireland have opted out of participating in Brussels IV, there are still implications for nationals of these countries who reside in a participating EU Member State or have a connection to a participating EU Member State, for example a holiday home.

Cross-Border Inheritance LawPrior to the introduction of Brussels IV, each EU jurisdiction applied its own rules to govern the devolution of individuals’ property. For individuals with assets in more than one country, various Connecting Factors were considered such as domicile, residence, nationality or habitual residence, in order to determine which country laws should apply to an individual’s estate. In addition, for some EU states, applicable succession law depended upon whether the assets were immovable (property and land) or movable (bank accounts, vehicles, furniture, jewellery and so on). The fact that each jurisdiction applied different Connecting Factors often led to costly, lengthy and complex conflicts of laws. (more…)

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

Unclaimed Italian Properties: Overview

What does ‘Unclaimed Italian Properties’ mean? Between 1861 and 1985 over 29 million Italians emigrated to other countries. About 18 million permanently settled abroad, predominantly in the UK, USA, Canada, Australia and Argentina. In 2011, there were 4,115,235 Italian citizens living outside Italy and several tens of millions of descendants of Italians, who emigrated in the last two centuries.Unclaimed Italian Properties

When Italian emigrants went abroad, they often left property and land in Italy. It is a myth that this property was confiscated by the Italian State. The reality is that the property is still here in Italy, unclaimed, and the original owners, deceased many years ago, are still on the title deeds. There are many thousands of these properties and parcels of land across Italy and in many cases the descendants of emigrants living outside Italy could still claim them. Over the years, I have been contacted for help and advice by many descendants of Italian emigrants who want to find their ancestors’ property in Italy. In some cases, people come to me after spending considerable time, and substantial amounts of money. (more…)

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

Inheritance Matters

Inheritance MattersInheritance matters. There is a gentle parody currently doing the rounds. Allegedly, the late lamented Italian novelist, philosopher and interpretive semiotician Umberto Eco has left a Will that neither his lawyers nor beneficiaries can decipher.

Obviously a Will should be accurate, concise and straightforward. Even if your life is highly complex, an experienced lawyer should be able to make sense of your legacies. (more…)

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