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

What is a Will for?

A Last Will and testament is absolutely necessary to avoid causing conflicts among your heirs, especially if you are a foreign citizen who owns goods and property in Italy. Not only can a Will allow you to assign your inheritance to the appropriate beneficiary, but it could also be useful to prevent problems for your heirs, and it could even enable you a tax saving. Let’s see more specifically each case.

Those who are married or in a registered partnership and without children

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

Italian real estate agents lack legal skills

Make sure to read this, prior to signing any property purchase offer in Italy

You’ve seen it: the Italian property you’ve always dreamt about.

Now you have a pen in your hand and the property purchase proposal in front of you, ready to be signed.

Take your time before putting pen to paper, no matter who drafted that proposal for you.

Italian real estate agents lack legal skills

You deserve a little hesitation, especially if you are going to sign a boilerplate template provided by a Real Estate Agent and not by your own legal advisor, or if there is anything whatsoever that you feel is unclear to you.

If the proposal has been provided by Real Estate Agents, I am sure they told you that it’s a standard proposal, drafted as per common general terms and in compliance with the Italian civil code; and that the standard template itself has been approved by the Chamber of Commerce.

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

Differences between Italian Notaries’ legal advice and independent lawyer’s legal advice when buying a property in Italy

Property transactions where one of the parties is not an Italian individual, cannot be considered as a normal scenario. The involved professionals are not always experienced to deal with these cases.

Fact: In Italy you cannot buy a property without the assistance of an Italian Notary Public.

Italian Notaries

By law, a Notary Public must remain impartial during the property transaction. A Notary can also provide legal advice if requested but must maintain impartiality when providing parties with legal advice . Read this article for further information about Italian Notary Public role.

There is no legal obligation to engage the services of an independent lawyer for property purchases in Italy. And, normally Italian individuals do not hire an independent lawyer for property transactions between themselves.

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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

An Italian Notary Public’s Escrow Account Is The Safest Way To Manage Property Purchase Payments in Italy

Escrow account

In Italy only an Italian Notary Public’s escrow account benefits from full and complete legal protection against possible creditors.

There are two main payments you are expected to make when buying a property in Italy,or that you will receive, if you are selling an Italian property; the deposit and the balance.

The deposit is usually paid upon purchase offer acceptance and it is aimed at confirming the parties’ intention to proceed with the purchase-sale contract. The balance is customarily paid upon closing, unless otherwise agreed.

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

Can I Back Out of A Preliminary Contract?

Can I Back Out of A Preliminary Contract?

You’ve signed a preliminary contract on a property. You rather rushed in to it because you didn’t want to miss out on what you thought was a great Back Outopportunity. It’s long been your dream to own a penthouse in the centre of Rome and when you saw this apartment, you just had to have it.

However, in hindsight and after viewing the apartment again, you realise the penthouse isn’t as big as you thought. When you first saw the place, you could see potential to extend in to the roof space, but you now doubt that the municipality will grant permission to convert the space. Besides, you recognise that even if your planning application is accepted, it’s going to be prohibitively expensive. The date for signing the deed of sale is looming. What can you do? (more…)

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

Property Selling Guide

This property selling guide focuses on the issues that a seller may encounter during an Italian property conveyance.

When selling an Italian property, there are some legal issues which should be seriously considered. Due to the language barrier and differences in property sellinglegal systems, real estate transactions in Italy can appear as a difficult and protracted process for foreign investors. The Italian legal process is obviously technical and might expose you to some risks. Considering the interests at stake in a real estate transaction, it is advisable that you seek the assistance of a qualified bilingual legal advisor, who has the competence to guide you through the process and advise on potential risks. (more…)

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

Property Buying Guide

This article aims to cover key elements of the Italian purchasing process.property buying

For a more in-depth explanation, you may wish to read our comprehensive guide to buying property in Italy.

The purchase of a property in Italy proceeds through 3 key stages:

  • Proposta irrevocabile d’acquisto (Reservation offer)
  • Contratto preliminare di vendita (Preliminary contract)
  • Atto di vendita (Deed of sale)

Once you have chosen your property you should engage the services of a solicitor, whether you buy through a real estate agent or directly from the vendor. The knowledge that an Italian solicitor has about Italian real estate law is invaluable – plus, your own solicitor is there exclusively to look after your interests. (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 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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