Choice of English law in Last Will and Testament
Our firm offers expert guidance to international clients who wish to plan the distribution of their estate after their death, whether they own assets in Italy or overseas. Our tailored advice is based on many years experience of drafting wills and dealing with cross-border estates involving property in Italy. Our expertise is also based on our analysis of caselaw involving the European Succession Regulation since its entry into force in 2015, involving decisions by the Italian court and the courts of other EU member states on inheritance...
read moreItalian citizenship – the “Minor Issue”
New Circular by the Ministero dell’Interno regarding the ‘minor issue’ in Italian citizenship applications on the grounds of ius sanguinis. On 3 October 2024, the Ministero dell’Interno issued new guidelines to the courts, the Italian Consulates and the Comune in relation to applications for Italian citizenship by descent (ius sanguinis) and the interpretation of Law no. 555/1912. These guidelines, published by way of Circulare no. 43347/2024, state that where the applicant’s last Italian born ancestor naturalised whilst the...
read moreRound-up of recent ECHR caselaw – ITALY
This post contains a round-up of caselaw of the European Court of Human Rights (ECHR) relating to complaints brought against Italy. CASE OF FARINA AND OTHERS VS. ITALY Judgement: May 16th, 2024 Article 6 – Right to a fair trial The case originated from various applications against Italy complaining of the excessive length of civil proceedings and of the impossibility of lodging an application under Law No. 89 of March 24, 2001, known as the “Pinto Act”, pending the main proceedings. The Pinto act sets the right to seek fair...
read moreReferendum on Italian citizenship
The Italian government is proposing to hold a Referendum to ask whether the law should be changed to reduce the period of 10 years continous and lawful residence, which is necessary for a non-EU national to be able to apply to become an Italian citizen. The current period of 10 years continuous and lawful residence was fixed in 1992 (Art. 9 (1) (f) Legge 5 febbraio 1992, n. 91). The Referendum will decide whether this period should be reduced to 5 years, as it was prior to 1992, which is the requirement in most other EU countries. A petition...
read moreThe Italian Notarial profession
The role of the Italian Notary (“Notaio”) derives from the tradition of Roman-Latin culture in which the Notary would draw up legal documents and deeds for the Roman Emperor. The Notary can also be found in most other countries which are based on the civil law system (as opposed to the system of “common law” system of England and Wales), and should be distinguished from the Notary Public or Scrivener Notaries. The Italian Notary is a qualified legal professional with a law degree who is appointed as a public officer,...
read moreDecreto Salva Casa
The Italian government on 19th July approved the Decreto Salva casa. The draft text of the new law is designed to legalise “abusive” property (“disposizioni urgenti in materia di semplificazione edilizia e urbanistica“) which will go before the Senate on 28th July. The new regulations will enable Italian home owners to regularize minor building abuses such as extensions or additions to an existing property (carried out before 24th May 2024) and free up their property to be sold. The maximum additional space can be...
read moreConfirmation of permanent residence for British citizens
The Ministero dell’Interno has issued guidance to the Comune in relation to British citizens, resident in Italy since before 31.12.2020, the end of the Brexit transition period. This Circolare confirms that British citizens are still entitled to obtain a certificate of permanent residence from the Anagrafe (“attestazione di soggiorno permanente“). See below Circolare n. 66/2024 issued on 17th June. In other words, as guaranteed by the UK-EU Withdrawal Agreement, British citizens continue to have the right to obtain a...
read moreReduction of IMU for unoccupied properties
IMU tax payable on Italian property can be reduced by 50% where the property is unoccupied having been declared “inagibile” or “inabitabile”. The reduction is applicable only for those months in a given year when those condtions applied. However an owner who wishes to pay the reduced tax must first have ensured that the conditions have already been comunicated to or known by the Comune (see caselaw of the Cassazione Civile judgement no. 26679 of 15.9.2023). The exemption has to be certified, either by the Comune itself...
read moreNew visa for smart-working in Italy
With the publication of guidelines for Italy’s Digital Nomad Visa in April, 2024, the country opens its doors wider to a new wave of residents: highly skilled remote workers from outside the European Union. The visa was first introduced by legislation in 2022, see link to our article here: NEW VISA FOR REMOTE WORKING AND DIGITAL NOMADS The visa is designed for non-EU citizens performing remote work as freelancers or employees or collaborators of companies based outside Italy. Specifically the type of work performed must be “highly...
read moreNew rules for declaring short-term rentals
All property owners who rent out their Italian property for stays of up to 30 days (even if only once a year) will need to be registered by 1st September 2024 on a centralised national database, which will include all other tourist structures like hotels and agriturismi. In order to register the property owner will need to apply from the portal of the Ministry of Tourism for a codice identificativo nazionale (CIN). The number must then appear in any online platforms such as Booking.con and Airbnb and be displayed outside the property. The...
read moreRecognition of a Lasting Power of Attorney in Italy
In case of advanced age and the onset of dementia, the loss of mental capacity of a family member can present legal obstacles when relatives need to access their savings or sell their property to fund their future care. In the UK a Lasting Power of Attorney (LPA) is a useful tool which can be signed and registered with the Office of the Public Guardian in advance of a person losing capacity. The LPA can be signed to allow attorneys to manage a person’s Property and FInancial Affairs and/or for Health and Welfare. There can be...
read moreUK entry visas – Health surcharge
The Immigration Health Surcharge has increased as of 6 February 2024 from £624 to £1035 per year. Unfortunately, this is a substantial increase and will be multiplied on the basis of the length of the UK entry visa which the applicant is applying for. Now, the Immigration Health Surcharge will be more expensive than the Home Office application fee itself in many circumstances. Another increase could be in force from October 2024, so we would advise clients to apply prior to this date where possible.
read moreUK entry visas – definition of partner
For our clients resident in Italy and worldwide we wish to advise you that there is now the opportunity to apply under the Partner Route to enter into the UK for those who have not cohabited for 2 years “akin to marriage”: Previously, in the UK Immigration Rules (Appendix FM) a ‘partner’ was defined as: Spouse Civil partner Unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years. This meant that unmarried partners who had not cohabited...
read moreVotes for life in 2024
Oliver & Partners were proud to have supported Harry Shindler in his campaign to restore voting rights to the estimated 3.5 million British citizens living abroad. From 16th January 2024, when the Elections Act 2022 came into force, British citizens living outside the UK for any length of time may now register to vote in UK elections, if they meet one of two conditions: they were previously registered to vote in UK elections, including as an overseas voter, or they were previously resident in the UK before moving to an address...
read moreDivorce payments and cohabitation
The Italian Supreme Court has recently ruled in ordinanza No. 35385 of 2023 that the fact of pre-marital cohabitation of the spouses constitutes one of the parameters calculating the divorce allowance. The Court pointed out that pre-marital cohabitation represents “a custom increasingly rooted in the behavior of our society which is accompanied by an increased recognition of de facto ties, understood as family and social formations tending to be of an equal standing of those of marriage.” According to the Supreme Court, therefore,...
read moreCodice fiscale for overseas heirs
The Italian tax office has confirmed, in written opinion no. 407/2023, that an heir to an estate in Italy, resident abroad and without an Italian codice fiscale can in any case be listed as an heir in the declaration of succession. Where the heir has never been issued with a codice fiscale, the only information which must be provided in the declaration of succession is the heir’s relationship to the deceased, their full name, date and place of birth and overseas address. The ruling was made following an application to the Agenzia delle...
read moreSeparation and divorce in Italy
As part of the reform of the justice system which came into force this year (Riforma Cartabia), a new procedure for filing for legal separation and divorce in Italy has been introduced. Up to 2022 a couple would need to have an order from the Italian court for legal separation, before proceeding to a divorce. If the separation was contested by one of the spouses the court proceedings leading to a separation order could take three years or more. An application for divorce could then only be made, by filing a new petition to the court, after a...
read moreTax and financial planning events in October
We are publicising this interesting event which may be useful for our international clients and owners of property in Italy. Gareth Horsfall, financial advisor of the Spectrum IFA Group, who has been based in Italy for many years, has organised two dates (“Le Tour de Finance”) on which a panel of international guest speakers will discuss topics in the field of Tax and Financial Planning. Tuesday 17th October Castello Semivicoli – Abruzzo Wednesday 18th October 2023 Villa Anitori – Le Marche One of the...
read moreExpiry of UK passports
Many UK passport holders entering EU countries over the summer were turned away at the boarding gate for their flights and were told that their passports were out of date despite the expiry date in their passports being at a future date. Passports that have been issued since Brexit i.e. the new blue passports only have a validity of 10 years. This issue is only in reference to the old red passports that had European Union written on the top. Prior to Brexit, UK passport holders could travel in and out of the EU as long as they held a valid...
read moreWhat is habitability?
Checking the planning permission status of an Italian property before purchasing is just as important as studying the title or legal ownership history. A Buyer who carries out a proper due diligence review of a residential property in Italy, before committing to a binding contract, should always ask the Agent or the Seller or their surveyor if the property has a certificate of habitability. In Italian this is the certificato di abitabilità also previously known as agibilità. This certificate confirms that the property is fully in line...
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