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

Italian Inheritance Law Regulation

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.Italian Inheritance

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…)

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

What is the role of Italian Probate Solicitors?

Italian probate solicitorsThe role of Italian Probate Solicitors

Italian probate solicitors assist with the execution of a Will and the legal procedures of Italian inheritance issues. Engaging the services of a competent and knowledgeable lawyer simplifies the administration of an estate.

Having an independent lawyer will assist with collecting all the documentation relating to property, assets and or land. It speeds up the identification and location of the beneficiaries entitled to the estate of the deceased. (more…)

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

The Law of Economic Relationship between Foreign Married Couples Resident in Italy

Foreign Married Couples Resident in ItalyThis article deals with the issue of the choice of law ruling the economic relationship between foreign married couples resident in Italy.

Matrimonial regime in Italy, “Regime patrimoniale coniugale” in Italian, is governed by Italian Civil Code. Italian law no. 218 of the 1995 amendment reforming international private law, determines applicable law.

Concerning the economic relationship between married couples, if they have the same nationality, the national law of the two partners will be enforced. (more…)

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By In EU provisions, Inheritance, Inheritance Law, Law, Notaio, Notary

EU Succession Regulation: European Certificate of Succession

Brussels IV

Since August 2015, a major step to facilitate cross-border successions has been the adoption of new EU rules which make it easier for people to handle the legal aspects of an international succession. This major step is known as Brussels IV, Regulation (EU) No 650/2012.European Certificate of Succession Amongst other things, Brussels IV introduced a European Certificate of Succession (ECS). This document is issued by the relevant authority dealing with the succession and heirs, legatees, executors of Wills and administrators of the estate can use it to prove their status and exercise their rights or powers in other EU Member States. (more…)

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

Searching for Wills in Italy

Wills in ItalyMy clients often engage me when they need assistance with searching for Wills in Italy. As a matter of fact, it sometimes happens that I receive instructions to administer an estate where the executors and/or beneficiaries are unable to find a Will. They may have a copy but cannot find the original, or they may have been told that a Will was made, but they are unable to locate it amongst the deceased’s belongings.

Probate cannot be started until the original and latest Will is found. If no Will comes to light, the decedent may be declared intestate, in which case the State will decide how the estate is divided. (more…)

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

Italian Attorney. Role and competences

The steps of an Italian Attorney’s legal careerItalian Attorney

The path to a legal career to become an Italian Attorney involves several years of study and internships.

Future lawyers first need to complete a Bachelor’s Degree in law, (Laurea in Scienze Giuridiche), which takes three years. To proceed along the path towards practising law, students require a two-year post-graduate degree (Laurea Specialistica in Giurisprudenza) or, a further five-year Master’s Degree (Laurea a ciclo unico Magistrale in Giurisprudenza). (more…)

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

Partition of The Estate: how does it work?

Partition of The EstatePartition of the estate

Should there be more than one heir nominated in a Will or in accordance with Italian law, a condition of joint-ownership of rights and duties concerning the inheritance is established among the co-heirs.

A testator’s estate is composed of assets and real rights: the co-heirs receive the estate in proportion to their inheritance quota, either as apportioned in the testator’s Will or in accordance with the law –  and, in the same proportion, they acquire any credits due and take on all the debts of the testator. (more…)

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

How and why drafting an Italian Will

Generally speaking, Italy recognises the validity of international Wills.Italian Will However, it is advisable for foreign nationals with assets in Italy to draft an Italian Will.

The main advantages to having an Italian Will are: (more…)

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

A deceased relative of mine owned Italian assets. How should I proceed?

Italian assetsWe received this question from a reader wondering how to proceed with Italian assets. We hope that you find our answer helpful. If you have any queries related to Italian property or inheritance law, please send your questions to us. We are here to help.

You may also find our Guide to Italian Inheritance a useful resource. (more…)

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