Italian Inheritance Lawyer
Tag Archive

By In EU provisions, Inheritance, Inheritance Law, Italian law, Italian Property, Law, Law Firms in Italy

What is a Biotestamento (Living Will)?

The Italian Chamber of Deputies has approved the text of a bill on the so-called biotestamento (Living Will). This bill will now be debated in the BiotestamentoSenate. A Biotestamento has nothing to do with euthanasia.

Italian legislation on Biotestamento is divided into two parts: the first, more general part, deals with giving informed consent on medical treatments and on filling in DATs (disposizioni anticipate di trattamento, the Italian for anticipated instructions for treatment), through which a person may indicate wishes in relation to the medical treatments he/she intends to be subjected to when he/she is no longer conscious due to an accident or to an illness. (more…)

Read more

By In Inheritance Law, Italian law, Law

Right of Representation in Italian Succession

Representation is the right of a descendant to replace an ascendant if the latter is unable or unwilling to accept an inheritance or legacy.

In order to take place, it must be based on two premises:

-The ascendant, who does not wish to or is unable to succeed, must legally be entitled to succeed;

-In case of testamentary succession, there must be no other provisions made by the testator which prevail over representation. (more…)

Read more

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

Cross-Border Inheritance Law (Brussel IV)

Cross-Border Inheritance Law. How Does New EU Succession Legislation Impact You?

This article looks at the new EU Law 650/2012, also known as the Brussels IV Regulation, which came in to effect on 17th August 2015.

Although the UK, Denmark and Ireland have opted out of participating in Brussels IV, there are still implications for nationals of these countries who reside in a participating EU Member State or have a connection to a participating EU Member State, for example a holiday home.

Cross-Border Inheritance LawPrior to the introduction of Brussels IV, each EU jurisdiction applied its own rules to govern the devolution of individuals’ property. For individuals with assets in more than one country, various Connecting Factors were considered such as domicile, residence, nationality or habitual residence, in order to determine which country laws should apply to an individual’s estate. In addition, for some EU states, applicable succession law depended upon whether the assets were immovable (property and land) or movable (bank accounts, vehicles, furniture, jewellery and so on). The fact that each jurisdiction applied different Connecting Factors often led to costly, lengthy and complex conflicts of laws. (more…)

Read more

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

Inheritance Matters

Inheritance MattersInheritance matters. There is a gentle parody currently doing the rounds. Allegedly, the late lamented Italian novelist, philosopher and interpretive semiotician Umberto Eco has left a Will that neither his lawyers nor beneficiaries can decipher.

Obviously a Will should be accurate, concise and straightforward. Even if your life is highly complex, an experienced lawyer should be able to make sense of your legacies. (more…)

Read more

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

The New 2015 European Inheritance Rules

European Inheritance Rules

Action should be taken now to benefit from the new 2015 European Inheritance Rules. According to The European Commission some 450,000 cross-border successions occur in the EU each year, estimated to be worth in excess of €120 billion. As it stands, many countries in the EU, including Italy, have laws governing ‘forced heirships’ along with different opinions as to whether inheritance is dealt with under local law, or the law of the nationality of the deceased. To somewhat solve this confusion and prevent disputes, effective August 17th 2015 new rules will allow individuals across participating EU member states to choose which country jurisdiction will apply to the devolution of estates. (more…)

Read more