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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 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 Italian law, Italian Property, Italian Real Estate, Law, Notaio, Notary, Property law, Real Estate Law

Legal Requirements for Preliminary Contracts in Off-Plan Transactions

The legislative decree 122/2005 introduced very strict requirements for preliminary contracts concerning investments in off-plan properties in Italy.Off-Plan

Following art.6 of the above mentioned legislative decree, the preliminary contract should also contain:

– A full description of the parties.

-Identification details of the property, including the cadastral reference of the plot (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Notaio, Notary, Property law, Real Estate Law

Off-plan property in Italy – Where do you stand legally?

Another post about this very important issue. Use our useful search tool to find our other articles on off-plan property purchases.

Investing off-plan is where a purchaser makes a commitment to buy a property from a developer that has not yet been built or is in the process of being built.

This type of investment hides any number of risks, the major one being that if the builder is declared bankrupt, then the buyer may well be out of pocket. (more…)

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By In Italian law, Italian Property, Italian Real Estate, Law, Notaio, Notary, Property law, Real Estate Law

Tips for Purchasing Off-Plan Properties in Italy

Off-Plan Properties in ItalyThis article and tips were provided, by De Tullio Law Firm, to the British Consulate in 2011. Although the article pertains to a Calabrian case, information is relevant to all off-plan properties in Italy, wherever they are located.

If you are looking for additional information about off-plan properties purchases in Italy, you will find another blog post here about your legal position regarding delivery delays. (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

Legal action against real estate agents in Italy

Legal action against real estate agents in ItalyAccording to the Law 39/1989, realtors and real estate agents in Italy must be registered with their local Chamber of Commerce. If not registered, a real estate agent is liable to fines and other penalties and will not be entitled to agreed commissions.

This legislation also provides an important guarantee for the consumer, in that the law requires the agent to have adequate insurance cover in order to practise their profession. The scope of this professional insurance policy must provide the consumer with cover in the event of negligence on the part of the agent. (more…)

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

Responsibility of The Contractor for Defects And/Or Variations in Construction Works

Responsibility of The Contractor for Defects And/Or Variations in Construction WorksThe best advice I can give you before entering into a contract with a construction or renovation company is to call your legal advisor to get a contract drafted between you and the company you have chosen to carry out the work. A professionally drafted contract is your best protection should any problems with the construction works arise.

Whether there are issues with defective material, poor execution of works, deviations from the agreed plan or a request for additional money, a professionally drafted contract in both English and Italian will prevent a lot of problems, reduce stress and often save you a considerable amount of money. (more…)

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