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

Searching for Wills in Italy

Wills in ItalyMy 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…)

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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 Law, Italian law, Italian Property, Italian Real Estate, Italian Will, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Emphyteusis – What You Should Know

EmphyteusisIntroduction

A recent topic of discussion is that of Emphyteusis, a regime which has its roots in Roman Law. It formed part of the feudal system and is connected with the agricultural economy. Farmers were offered the possibility to cultivate land thereby sustaining themselves. In return, farmers paid an annual ground rent or canon in money and or in kind. (more…)

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

Confused about The Function of Italian Public Notaries in Property Transactions?

Italian Public NotariesItalian 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…)

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

Property and Estate Planning Matters

property in ItalyOwning 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…)

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

What Is The Role of An Executor of An Italian Will?

A testator (but only a testator) may appoint an executor in his /her Will in order for testamentary dispositions to be carried out.executor

If you appoint him/her in your Will, your executor ensures that your last wishes and the administration of your estate are taken care of. In order to do this, unless you have stipulated otherwise in your Will, your appointed executor undertakes to manage your estate with all reasonable care.

In Italy this  includes managing all probate and succession procedures in accordance with Italian legislation. The executor takes possession of all the assets included in your estate and manages the distribution of assets and bequests to heirs in accordance with your Will. Where an executor has been appointed, your  heirs may neither manage nor dispose of your assets autonomously.

Appointing an executor is highly recommended in complex personal or patrimonial frameworks: if your estate involves cross-border assets , where an heir is legally deemed incapacitated, if an heir is under the age of 18, if your estate is to be transferred to heirs who live outside of Italy and or heirs are not Italian nationals or heirs who the testator feels may have vested or conflicts of interest. (more…)

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

Cross-Border Inheritance – A Case Study

cross-border inheritanceTom Smith was a divorced UK national in his 60s. He had two children from his first marriage, both children are now adults.

On a trip to Italy 20 years ago, Tom met a young Italian woman, Giovanna. They fell in love and got married in Giovanna’s home town, Perugia, in Umbria.

Tom and Giovanna set up home in the countryside, about 30kms from Perugia. They lived in a house on two hectares of land set to orchards and olive groves. Tom was passionate about looking after his land.

Tom and Giovanna have a daughter. Francesca, now aged 15, was born in Italy and holds dual British and Italian nationality. (more…)

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

The Importance of Making or Reviewing Your Italian Will

willDo you own property at home and in Italy? Do you have shares, savings, investments? All of these assets constitute your ‘estate’. So, drafting your Will should be a priority.

Making a Will ensures that when you die your estate is shared according to your wishes.

Everyone should have a Will, but having it is even more important if you have children, you own property or have savings, investments, insurance policies or you own a business. (more…)

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

Accepting or Renouncing an Italian Inheritance

italian inheritanceA beneficiary can either renounce or accept the right to an Italian inheritance. A beneficiary acquires the qualification of heir as soon as an inheritance is accepted. Once accepted, the qualification of heir is irrevocable.

How does acceptance work?

Acceptance to be an heir can be made expressly or tacitly. In either case, acceptance must be manifested within 10 years from the opening of the succession process. The express acceptance of an italian inheritance takes place when the heir declares a willingness to accept the status of heir, by means of a notarial or a private deed. Tacit acceptance takes place when someone acts in such a way that the acceptance to inherit assets can be implied or inferred. (more…)

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