The Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, was published with the aim of harmonising rules of succession law in Europe. The UK, Ireland and Denmark have...
Read MoreIn a landmark decision on 29th August 2014, an Italian court recognised a woman’s right to adopt the biological child of her same-sex partner. The girl was born after the couple sought fertility treatment in Spain. The couple had then married abroad following the birth of the child, raising her together and sharing parental responsibilities at their home...
Read MoreFrom 30th June 2014, all pleadings in Italian civil proceedings initiated after that date, must be lodged electronically. Lawyers will be able to lodge documents electronically also for cases already underway, although this is not yet obligatory. The rules will apply from 31st December 2014 to civil proceedings which had already been commenced by June...
Read MoreLEGAL UPDATE by Charlotte Oliver: A power of attorney (“procura generale” or “procura speciale”) must be drafted and signed in a valid form acceptable in Italy, in order to give the power to another person to carry out transactions such as the purchase or sale of property, to act in a succession in Italy, to deal with financial...
Read MoreFAMILY LAW UPDATE by Jessica Zama: Rights of residence of third-country nationals who are family members of an EU citizen in the Member State of the origin of that citizen. On 12 March 2014, the European Court of Justice ruled in respect of a Member State’s authority to grant a right of residence to a third-country national who is a family member of...
Read MoreLEGAL UPDATE BY JESSICA ZAMA: While it is normal practice in the UK for a woman to take on her husband’s surname upon marriage, in Italy a woman will always remain known by her maiden name. We are often asked to assist British citizens, who have changed their surnames following marriage, in dealing with Italian authorities such as Banks, who require proof...
Read MoreLEGAL UPDATE BY Jessica Zama 15th January 2014: New Regulations in Italy, (Legge 10 December 2012, n. 219) which came into force on 1 January 2014, effectively remove all legal distinctions between legitimate and illegitimate (i.e. born out of wedlock) children, as well as with adopted children. Any references which make these distinctions will be removed...
Read MorePROPERTY LAW UPDATE by Jenny També: Strict rules concerning those who host paying guests were introduced in italy in January 2013. Accommodation facilities, as well as private individuals hosting lodgers, are now required by law to communicate their guests’ details directly to the local questura. The main aim of this law (Decree of 7th...
Read MoreLEGAL UPDATE by Jessica Zama 15.4.2013 Alternative Business Structures (“ABS”) were introduced in the United Kingdom by the Legal Services Act 2007, as an unconventional structure for law firms. An ABS is a professional organisation, made up of lawyers as well as non–lawyer members (for example, accountants, insurers, financial advisors),...
Read MoreUPDATE by Jessica Zama 8.3.2013 New procedural requirements for UK nationals intending to marry in Italy From 1st March 2013, UK nationals, resident in the UK and intending to marry in Italy, now need to provide the following documentation: Certificate of No Impediment to Marriage – this must be issued by the local registry office in the UK,...
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