Senza categoria
Category

By In Senza categoria

An Italian Bequest – Case Study

“Going through the process without the help of experienced professionals is risky”

Beth Watson was living in Boston in 2015 when, out of the blue, she received an email informing her that she had been named as the sole heir in an Italian Will.

Beth recognised the name of the executor who had sent her the email, and sadly she recognised the name of her Swiss uncle with whom she had spent so many happy holidays. Her uncle had died, leaving Beth an estate in the southern Italian region of Molise, complete with olive trees, forests, farmland and habitable buildings.

An Italian bequest: Olive trees

Beth was stunned to be named as her uncle’s heir. She also soon realised that this wonderful bequest came with real challenges. Like other Americans who inherit property in Italy, she would have to navigate the Italian legal system, in another language and file a great deal of paperwork. She started out believing the process would be straightforward, but soon concluded she had to find trustworthy professional help. Amongst other things, there were expenses to be paid and accounts to be transferred. Paperwork and bureaucracy which were not easy to handle from Boston.

(more…)

Read more

By In Senza categoria

The Right of Representation in Italian Inheritance Law

What does it mean to take by representation?

What is the principle of representation?

According to Italian law, when an inheritance is left, either fully or partly, to a deceased’s child or sibling who has died before the testator, the descendants of the beneficiary  succeed to the inheritance, pursuant to the “right of representation” (articles 467 and 468 of the Italian Civil Code).

Right of Representation

The same applies if a decedent’s child or sibling is unwilling to accept an inheritance to which he/she would be entitled, or if he/she is declared unworthy to inherit (art. 463 of the Italian Civil Code).

The person nominated to inherit is called the, “represented”, while his/her descendant who through the represented’s death becomes raised to the place and the degree of the person represented is known as the, “representative”.

(more…)

Read more

By In Senza categoria

De Tullio Law Firm and the New York Times

De Tullio Law Firm and the New York Times

De Tullio Law Firm‘s second contribution for the New York Times

One year after our first contribution for the New York Times, De Tullio Law Firm was interviewed for the second time to provide, once again, potential investors in Italy with useful guidelines regarding the buying basics of the Italian conveyancing process.De Tullio Law Firm and the New York Times - Riviera Ligure by night

This time, the article is focused on the Riviera Ligure, one of the most sought-after places of the Italian country, but the legal information provided herein are extended to the whole Italian territory.

The article includes critical information, such as Italian Notary‘s fees (Italian Notaio’s fees), legal fees and Italian property taxes.

Buying basics in the Italian Riviera

There are no restrictions on most foreigners buying real estate in Italy, said Giandomenico De Tullio, a managing partner at the De Tullio Law Firm, which has offices in Italy and Britain. (more…)

Read more

By In Senza categoria

Usucapione: Adverse Possession

What is Usucapione?

Usucapione is a legal procedure which can give you ownership of a property in Italy without need of any specific title such as a deed of purchase or a Will and without any agreement with the owner of the property.Usucapione

Usucapione is similar to Adverse Possession. It is a legal situation which is connected with possession of a property which must not happen with hostility.

How does it work?

The possession of whole or part of a property and or land must take place, with public knowledge. After a number of years which can be 10 or 20 depending on the circumstances, the possessor can obtain the legal title and become the legal owner of this property; this happens even if you aware the owner of the property is someone else. (more…)

Read more

By In Senza categoria

Italian Law of Stability – Property Matters

Italian property taxesThis article aims to provide an overview of current rules pertaining to Italian property taxes and legislation. We outline aspects of legislation and certain taxes which were introduced in 2016 as part of the Italian Stability Law. These new measures relating to property aim to lower tax burdens and bolster the Italian property market.

While the government has announced the elimination of the local property and service taxes on principal residences in Italy and added the elimination of property and regional taxes on production and fixed machinery in the agricultural sector, those who own second and or holiday homes and real estate in Italy, will still pay local property and service taxes. (more…)

Read more

By In Senza categoria

International Property Sales – applicable law

The legal framework regulating international property sales is set by the Italian Law together with international treaties.

In international property sales, if there there is a conflict between Italian and International laws, Italian law will prevail. Art.51 of the Italian law n. 218 (31st of may 1995) states that a real estate conveyance will be regulated by the law of the place where the property is located.

International Property SalesThe Rome Convention binding all EU Member States (19th of June 1980) regulates the applicable law to contractual obligations.

The signatories to a contract may choose applicable law for the whole, or a part only, of a contract and select the court which will have jurisdiction over disputes. By mutual agreement they may change the law applicable to the contract at any time (the principle of freedom of choice). (more…)

Read more

By In Senza categoria

Coming Soon to A Municipality Near You – New Italian ID Cards.

Italian id cardHow many of us have slightly torn, crumpled Italian ID Cards in our wallets? However, the days of the flimsy paper Italian ID Card are numbered.

Municipalities in Rome have started introducing new Italian Electronic Identity Cards (Carta di identità elettronica – CIE). (more…)

Read more

By In Senza categoria

Dopo di Noi – New Italian Disability Law

italian disability lawLiving with a severely disabled child can have profound effects on the entire family – parents, siblings, and extended family members. It is a unique shared experience for families and can affect all aspects of family functioning. On the positive side, it can broaden horizons, increase family members’ awareness of their inner strength, enhance family cohesion, and encourage connections to community groups. On the negative side, the time and financial costs, physical and emotional demands, logistical and legal complexities can have far-reaching effects. (more…)

Read more

By In Senza categoria

Italy Is Back

wOn June 8th, in my capacity as Puglia Local Representative, I participated at a conference called, Italy is Back: Investment climate 2016, organised by The American Chamber of Commerce in Italy. Participants included Pier Carlo Padoan (Minister of Economy and Finance), John R. Phillips (Ambassador of the United States in Italy), Sandro De Poli (General Electric), Eugenio Sidoli (Philip Morris), Giorgio Squinzi (Mapei), Paul Squires (Adler Group). (more…)

Read more

By In Senza categoria

Italy – concrete proof that nationwide building regulation reform is on the way

Since taking office in 2014, Marianna Madia, Italy’s Minister of Public Administration and Simplification has, amongst other things, been working on introducing a set of standard building regulations. The aim is to simplify and harmonise rules and requirements for building practices across the whole of Italy.regolamento

Each of Italy’s 8 thousand municipalities currently have their own building regulations and many are outdated. Rome’s date back to 1934 so a reform is not only necessary, it is also urgent. Every Italian municipality’s building regulations have different definitions; even the notion of surface and the way it is calculated varies from one municipality to another. This plethora of building regulations across Italy is costly and they cause chaos and uncertainty. (more…)

Read more