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

Italian Inheritance matters: De Tullio Law Firm’s services

italian inheritanceFor over 50 years, De Tullio Law Firm​ has been providing, clients worldwide, with clear-sighted legal advice related to Italian inheritance matters.

Whatever your needs, we can help you.

– Italian inheritance rights assessment

– Drafting Italian Wills

– Claiming / recovering inherited Italian property (more…)

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By In 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

Emphyteusis – What You Should Know

EmphyteusisIntroduction

A recent topic of discussion is that of Emphyteusis, a regime which has its roots in Roman Law. It formed part of the feudal system and is connected with the agricultural economy. Farmers were offered the possibility to cultivate land thereby sustaining themselves. In return, farmers paid an annual ground rent or canon in money and or in kind. (more…)

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

What Is The Role of An Executor of An Italian Will?

A testator (but only a testator) may appoint an executor in his /her Will in order for testamentary dispositions to be carried out.executor

If you appoint him/her in your Will, your executor ensures that your last wishes and the administration of your estate are taken care of. In order to do this, unless you have stipulated otherwise in your Will, your appointed executor undertakes to manage your estate with all reasonable care.

In Italy this  includes managing all probate and succession procedures in accordance with Italian legislation. The executor takes possession of all the assets included in your estate and manages the distribution of assets and bequests to heirs in accordance with your Will. Where an executor has been appointed, your  heirs may neither manage nor dispose of your assets autonomously.

Appointing an executor is highly recommended in complex personal or patrimonial frameworks: if your estate involves cross-border assets , where an heir is legally deemed incapacitated, if an heir is under the age of 18, if your estate is to be transferred to heirs who live outside of Italy and or heirs are not Italian nationals or heirs who the testator feels may have vested or conflicts of interest. (more…)

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

Cross-Border Inheritance – A Case Study

cross-border inheritanceTom Smith was a divorced UK national in his 60s. He had two children from his first marriage, both children are now adults.

On a trip to Italy 20 years ago, Tom met a young Italian woman, Giovanna. They fell in love and got married in Giovanna’s home town, Perugia, in Umbria.

Tom and Giovanna set up home in the countryside, about 30kms from Perugia. They lived in a house on two hectares of land set to orchards and olive groves. Tom was passionate about looking after his land.

Tom and Giovanna have a daughter. Francesca, now aged 15, was born in Italy and holds dual British and Italian nationality. (more…)

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

The Importance of Making or Reviewing Your Italian Will

willDo you own property at home and in Italy? Do you have shares, savings, investments? All of these assets constitute your ‘estate’. So, drafting your Will should be a priority.

Making a Will ensures that when you die your estate is shared according to your wishes.

Everyone should have a Will, but having it is even more important if you have children, you own property or have savings, investments, insurance policies or you own a business. (more…)

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

Voices of Experience – Buying A Property in Italy

Having a holiday home in Italy is a dream for many. However, there are many downsides to consider before taking the plunge. I Propertywas recently talking to a couple who told me that having a house in Italy means they feel obliged to holiday at the house each year, which over time has become a little boring. In hindsight, they wish they’d rented properties in different parts of the country rather than being tied to the same property in the same place year after year.

If you are considering buying a property in Italy, think long-term. Make sure it’s for the right reasons and that you have done your research absolutely thoroughly.
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By In Inheritance, Inheritance Law, Italian law, Italian Will, Law, Law Firms in Italy, Notaio, Notary

Accepting or Renouncing an Italian Inheritance

italian inheritanceA beneficiary can either renounce or accept the right to an Italian inheritance. A beneficiary acquires the qualification of heir as soon as an inheritance is accepted. Once accepted, the qualification of heir is irrevocable.

How does acceptance work?

Acceptance to be an heir can be made expressly or tacitly. In either case, acceptance must be manifested within 10 years from the opening of the succession process. The express acceptance of an italian inheritance takes place when the heir declares a willingness to accept the status of heir, by means of a notarial or a private deed. Tacit acceptance takes place when someone acts in such a way that the acceptance to inherit assets can be implied or inferred. (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, 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 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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