UPDATING WILLS
Submitted by Gala Placidia on Tue, 07/21/2009 - 04:39In reply to A newbie all over again! by Annec
Very interesting information, Charlotte. Thank you. Would it be advisable to update existing wills so that they will comply with the new Regulation as soon as this is in its final form and approved? Could there be any conflict in the case of existing wills not complying? I can see quite a few grey areas. Anyway, this could be the perfect time for anyone not having a proper will to look into the matter. Otherwise, your beneficiaries only inherit a big headache.
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Updating wills
Submitted by Charlotte Oliver on Wed, 07/22/2009 - 11:09In reply to UPDATING WILLS by Gala Placidia
I assume that only wills made after the Regulation comes into force will be subject to the new rules. There should be no conflict and no need to change an existing will. As soon as the draft Regulation comes out in a few months the answer to this will be clearer.The Green Paper already provoked many comments on grey areas and perhaps that is why the Regulation is taking so long to draft.
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Admirable clarity
Submitted by Liz Taylor on Wed, 07/22/2009 - 07:08In reply to A newbie all over again! by Annec
Thankyou very much, Charlotte, so many legal explanations are couched in language that makes it hard to understand but you write clearly and succinctly and it is much appreciated.
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Italian Private International Law
Submitted by italianlaw on Fri, 07/24/2009 - 16:00In reply to A newbie all over again! by Annec
Hello CharlotteThank you for starting this much needed forum. Your overview of the present draft situation was informative.Given that fact that Italian private international law changed in 1995 reinstating citizenship as a reference for applying succession law, I ponder how much resistance Italain legislators will pose to the proposed changes referenced in your introductory text. Distinti saluti
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CONFUSED
Submitted by Anonymous (not verified) on Fri, 07/24/2009 - 16:41In reply to A newbie all over again! by Annec
Is the suggestion therefore that succession law ONLY applies to Italian citizens - and, by inference, not to citizens of another country who happen to own a house/property in Italy?
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Hello The simple answer is If
Submitted by italianlaw on Thu, 07/30/2009 - 12:33In reply to CONFUSED by Anonymous (not verified)
HelloThe simple answer isIf the proeprty or other assets are in Italy, succession law applies even if your citizenship and residence is another country. In fact our clients receive title to Italian property even though they reside in the US, Canada, Australia, Argentina, etc
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italian law
Submitted by adriatica on Thu, 07/30/2009 - 12:52In reply to Hello The simple answer is If by italianlaw
sorry your answer "the simple answer" does not appear simple...you do not say which succession law applies ... it to me reads like your saying Italian laws apply which to me conflicts with the initial opening staments to this thread which says the owners national laws apply also the last bit... do you mean someone can inherit as a result of having an italian relative leaving them a property... which would have little to do with problems regarding non italians because the inheritance laws and legal rights of italian families are guaranteed under the law here ... so would make little diference where relatives lived... either within italy or not... sorry just do not understand the points made
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When Italian succession law applies
Submitted by Charlotte Oliver on Thu, 07/30/2009 - 12:49In reply to CONFUSED by Anonymous (not verified)
In reply to Gerbillo, Italian succession law (ie the division of the estate into strict quotas between close relatives whether or not there is a will) applies to Italian citizens AND can apply to non-Italians who are resident in Italy, whether or not they have property in Italy, if they have chosen expressly in their will that Italian law should to apply to their succession.
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Thank You
Submitted by Casa Monal on Fri, 07/24/2009 - 16:52In reply to A newbie all over again! by Annec
Thank you so much for the info, much appreciated
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Inheritance Tax issues
Submitted by SirTK on Sat, 07/25/2009 - 04:07In reply to A newbie all over again! by Annec
I've been wondering whether it may be advantageous to transfer ownership of my Italian property to my two children immediately. I fully understand the UK implication of such a transfer, as well as the obvious risks (divorce etc), but am totally ignorant of any implications here in Italy.
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I'm going to go with what
Submitted by Bill on Thu, 07/30/2009 - 13:22In reply to A newbie all over again! by Annec
I'm going to go with what Charlotte (an actual lawyer) is telling me and skip italianlaw's "paralegal" version.
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Thanks Charlotte
Submitted by Anonymous (not verified) on Thu, 07/30/2009 - 19:09In reply to A newbie all over again! by Annec
Thank you Charlotte. Clear and concise as ever.
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How does the law apply to
Submitted by pilchard on Fri, 07/31/2009 - 04:53In reply to A newbie all over again! by Annec
How does the law apply to common law folk. Been with my partner for 35 years. House here in his name. If he "pops his clogs" what happens without a will?S
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Common law partners
Submitted by Charlotte Oliver on Fri, 07/31/2009 - 06:59In reply to How does the law apply to by pilchard
Hi Pilchard. Good question. Would any one like to volunteer to start a new thread on "inheritance rights of common law partners"? I think this thread is deviating a bit from the topic of new EU law...!
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Many thanks Charlotte
Submitted by ChrisMoran on Sat, 08/29/2009 - 20:37In reply to A newbie all over again! by Annec
So nice to see clear and succinct commentary.
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