Italian inheritance tax, “Imposte di Successione” was abolished by law no. 383 of 18 October 2001. Subsequently, the government re-introduced inheritance tax through law no. 286, dated 24th November 2006. The law has been applicable to inheritance cases since 3rd October 2006. (more…)
For over 50 years, De Tullio Law Firm has been providing, clients worldwide, with clear-sighted legal advice related to Italian inheritance matters.
Whatever your needs, we can help you.
– Italian inheritance rights assessment
– Drafting Italian Wills
– Claiming / recovering inherited Italian property (more…)
Reserved Acceptance – Brief Case Study
For a better comprehension of reserved acceptance, we have provided a brief case study concerning this topic.
Silvia and Eric Jones owned a beautiful property in Liguria. They were resident in Italy, loved life here and were well-integrated in to their local community. Sadly, recently, in close succession, Silvia and Eric died.
The Jones’ sons, Larry and Tom, have been in touch with De Tullio Law Firm about their parents’ Italian Wills. They have some concerns regarding what happens when heirs are unsure exactly what they are inheriting. Larry and Tom are very concerned that their parents’ estate may be encumbered with debt. (more…)
The 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…)
My 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…)
The steps of an Italian Attorney’s legal career
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…)
Partition 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…)
Generally speaking, Italy recognises the validity of international Wills. 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…)
Italian Public Notaries: Introduction
Time and again we find some confusion about Italian Public Notaries, amongst international clients who buy and sell property in Italy. There is a mistaken belief that the public notary (notaio) performs the same function as a lawyer, solicitor or attorney (avvocato).
Public notaries grew from the institution of scribes and scriveners. They first became respected for their knowledge of technical matters as public officials in Ancient Rome, where they were often attached to the court. These Notaries prepared and drew up fair copies of deeds and other legal documents, which were endorsed using the seal of the court and thus rendered ‘public acts’. Eventually, Notaries were granted the right to use their own official seals to give their acts public status. (more…)
Owning a second home in the UK presents administrative and logistical challenges, but at least that second home is within linguistic, tax and legal frameworks that are familiar. The challenges escalate with a foreign property, particularly in relation to succession law and tax issues.
Italy is a popular choice for second home ownership and in recent years we have seen UK ownership of Italian property increase as the UK economy recovers and people take advantage of favourable property prices compared to the UK. While accurate data are not available regarding UK ownership of property in Italy, according to 2015 UN statistics, there were an estimated 66.000 UK born nationals living in Italy. (more…)