Posts

The Law of Economic Relationship between Foreign Married Couples Resident in Italy

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Foreign Married Couples Resident in ItalyThis article deals with the issue of the choice of law ruling the economic relationship between foreign married couples resident in Italy.

Matrimonial regime in Italy, “Regime patrimoniale coniugale” in Italian, is governed by Italian Civil Code. Italian law no. 218 of the 1995 amendment reforming international private law, determines applicable law.

Concerning the economic relationship between married couples, if they have the same nationality, the national law of the two partners will be enforced. Read more

Searching for Wills in Italy

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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. Read more

Italian Attorney. Role and competences

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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). Read more

Partition of Property among Family Members

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Partition of Property among Family Members

Partition of The Estate: how does it work?

Partition of Property among Family Members

Introduction

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. Read more

Beneficiary of a Will: definition

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Italian Succession

How and why drafting an Italian Will

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.Italian Will

The main advantages to having an Italian Will are: Read more

A deceased relative of mine owned Italian assets. How should I proceed?

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Italian assetsWe received this question from a reader wondering how to proceed with Italian assets. We hope that you find our answer helpful. If you have any queries related to Italian property or inheritance law, please send your questions to us. We are here to help.

You may also find our Guide to Italian Inheritance a useful resource. Read more

Legal Requirements for Preliminary Contracts in Off-Plan Transactions

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The legislative decree 122/2005 introduced very strict requirements for preliminary contracts concerning investments in off-plan properties in Italy.Off-Plan

Following art.6 of the above mentioned legislative decree, the preliminary contract should also contain:

– A full description of the parties.

-Identification details of the property, including the cadastral reference of the plot Read more

Off-plan property in Italy – Where do you stand legally?

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Another post about this very important issue. Use our useful search tool to find our other articles on off-plan property purchases.off-plan property

Investing off-plan is where a purchaser makes a commitment to buy a property from a developer that has not yet been built or is in the process of being built.

This type of investment hides any number of risks, the major one being that if the builder is declared bankrupt, then the buyer may well be out of pocket. Read more

Tips for Purchasing Off-Plan Properties in Italy

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Off-Plan Properties in ItalyThis article and tips were provided, by De Tullio Law Firm, to the British Consulate in 2011. Although the article pertains to a Calabrian case, information is relevant to all off-plan properties in Italy, wherever they are located.

If you are looking for additional information about off-plan properties purchases in Italy, you will find another blog post here about your legal position regarding delivery delays. Read more

Responsibility of The Contractor for Defects And/Or Variations in Construction Works

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Construction WorksThe best advice I can give you before entering into a contract with a construction or renovation company is to call your legal advisor to get a contract drafted between you and the company you have chosen to carry out the work. A professionally drafted contract is your best protection should any problems with the construction works arise.

Whether there are issues with defective material, poor execution of works, deviations from the agreed plan or a request for additional money, a professionally drafted contract in both English and Italian will prevent a lot of problems, reduce stress and often save you a considerable amount of money. Read more