Posts

Law of inheritance in Italy – Imposta di successione

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Law of inheritance in Italy – Italian inheritance tax

What is “Imposta di successione”?

Law of inheritance in ItalyItalian 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. Read more

Italian Inheritance law: De Tullio Law Firm’s services

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Italian Inheritance law

De Tullio Law Firm’s services

Italian inheritanceFor 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 Read more

Reserved Acceptance – Italian Inheritance

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Reserved Acceptance – Italian Inheritance

Brief Case Study

For a better comprehension of reserved acceptance, we have provided a brief case study concerning this topic.

reserved acceptance

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. Read more

What is the role of Italian Probate Solicitors?

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Italian Probate SolicitorsThe 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. 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

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