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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

What is a Notary Public? Italian Public Notaries in Property Transactions

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Italian Public Notaries in Property Transactions

What is a Notary Public?

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).

Italian Public Notaries

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.

In modern times, acting on behalf of the Italian State, notai are appointed by the Italian Ministry of Justice. Vested with the rights of official authority, which they receive from the Italian State, a document drawn up by a notaio is a guarantee of its legality and authenticity. Read more

Property and Estate Planning Matters

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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. Read more

Cross-Border Inheritance – A Case Study

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

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. Read more

Italy Referendum

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Italy’s Referendum

Italy’s Constitutional Reform Referendum

On 4th December Italy goes to the polls: a constitutional referendum is going to give Italians the chance to choose whether to accept or reject the constitutional reform bill approved by Parliament and proposed by Matteo Renzi’s centre-left government. The constitutional reform is one of the most elaborate and ambitious reform bills ever to be put forward in Italy. The outcome, according to latest polls, is too close to call. Some of our readers have asked us what the Italy’s referendum is all about, so in today’s blog post, we attempt to address the key issues and impacts.

Italy ReferendumWhat is Italy voting for?

Currently, Italian laws need to be approved by both houses of the Italian parliament: The Chamber of Deputies and the Senate of the Republic. This “bicameral” system pits the state against the regions, which frequently leads to delay or scuppering of new laws, and undermines the stability of the Italian government. Read more

Dormant current accounts: how to proceed?

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What are dormant current accounts?dormant current accounts

Recently, new rules on Dormant current accounts have come into force. With the term Dormant current accounts reference is made to contractual relationships entered into with a Bank or another financial intermediary, consisting in sums of money or financial instruments, that have not been moved by the owner for a period of 10 years and have a total sum higher than €100. Savings account books, current accounts, postal accounts, shares, bonds, government securities that have been present on inactive deposits are included in the category of dormant current accounts. Read more

Possible effects of ‘Brexit’ on pensions for UK nationals living in Italy

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Possible effects of ‘Brexit’ on pensions for UK nationals living in Italy

Brexit Referendum

brexit

In his first words since accepting the result of the Brexit referendum (if you were looking for Italy’s Referendum, click here) on Friday, Mr Johnson wrote in 27th June’s edition of The Telegraph that, “EU citizens living in this country will have their rights fully protected, and the same goes for British citizens living in the EU”.

His column said: “The only change – and it will not come in any great rush – is that the UK will extricate itself from the EU’s extraordinary and opaque system of legislation: the vast and growing corpus of law enacted by a European Court of Justice from which there can be no appeal.” Read more