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.
What is a Will for?
How to obtain an Italian tax code (codice fiscale)
Applying for Italian tax code (in Italian: codice fiscale) seems a simple task, but there are some hidden pitfalls to be aware of. Check them out in the article below.
Table of Content
What is and When an Italian tax code (codice fiscale) is needed:
What do the tax code figures mean.
Where and how to apply for the tax code in Italy.
What document/information is required to apply for the Italian tax code:
Common mistakes when applying for the Italian tax code.
- a. Wrong date of birth format:
- b. Wrong name.
- c. Maiden names: 2
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.
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.
(more…)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.
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.
(more…)Elective Residency Visa – Requirements
An Elective Residency Visa (ERV) is specially intended for foreign nationals wishing to permanently reside in Italy and who are in the position to support themselves financially without working in Italy.
(more…)An Italian Notary Public’s Escrow Account Is The Safest Way To Manage Property Purchase Payments in Italy
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.
(more…)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.
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…)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).
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…)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.
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…)
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 
opportunity. 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…)