SUCCESSION REGULATION 650/2012 – The UK decision to opt-out
The UK decision to opt-out of the Succession Regulation Three member states, the United Kingdom, Ireland and Denmark, will not adopt the provisions of the Succession Regulation, which came into force on 17th August 2015. The aim of the Succession Regulation was to harmonise the conflict of succession laws between the Member States, and allow citizens of member states of the European Union the ability to plan their succession, under the law of one country, even where they own assets in more than one country. It will now be clear, across the...
read moreBBC POLL: EU Referendum – What will outcome mean for you?
EU referendum: What will the outcome mean for you? The BBC is asking for opinions from UK Citizens living in an EU country on how the outcome would affect them: “What will the future hold for the UK’s membership of the European Union post-2017? British Prime Minister David Cameron is to hold a referendum on the UK’s membership of the European Union. Mr Cameron has said he is determined to deliver reform of the EU for the British people so they get a proper choice in a referendum on whether to leave it. The referendum is...
read moreThe right to vote in EU Referendum
Expat British citizens in Europe are campaigning to be granted the right to vote in the “Brexit” Referendum to decide the future of Britiain’s membership of the EU. Currently, British expats who have been resident outside the UK for more than 15 years, are not entitled to vote in UK elections. The Conservative Party following this year’s election accepted that the 15 year rule would be repealed, following a Recommendation from the EU Commission and publicity given to this issue by Harry Shindler’s application...
read moreItalian court: registration of same-sex marriage is null
The Italian administrative courts issued a controversial decision last week concerning the registration in Italy of same-sex marriages celebrated abroad, in particular whether such a union can lawfully be registered(1) in the Civil Registry office of the Anagrafe alongside all other marriages in Italy. It was established in this decision, by the highest administrative court in Italy, that a registration of a same-sex marriage has no legal basis, is null and void and liable to be cancelled by the Prefettura. This decision was the conclusion...
read moreEU Nationals – applying for residence in Italy
Guidance for EU nationals seeking to apply for residence in Italy from another EU State, and the implications for obtaining national health cover within the Italian territory The registration and changing of one’s residence for an EU citizen or group of EU citizens who come from another EU state to live in Italy falls under the umbrella office of the Italian registrar known as the Anagrafe, a department of the Comune (local authority). The declaration of one’s change of residence must be made by the relevant party wishing to change...
read moreSUCCESSION REGULATION 650/2012 – The European Certificate of Succession
The European Certificate of Succession (referred to here as the “ECS”) is a formal certification of the facts of the succession of a deceased person, which has been introduced by the Succession Regulation (EU) 650/2012, which is due to come into force on August 17th 2015, and by Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in the Succession Regulation. The standardised forms will be available to citizens as of 17 August 2015 on the e-justice Portal of the European Commission. The ECS will be...
read moreNew legislation – “Quick” divorces in Italy
Quick divorce in Italy Under a new law in Italy, a couple can now lodge a petition for divorce 6 months after the decree of separation if the separation was “consensual” (both parties were in agreement as to the terms of the separation agreement) or 12 months if the separation was “judicial” (the parties were not in agreement and a Judge was called upon to make a decision upon the terms of the separation). This new law applies to all couples, regardless of whether they have minor children, and can be applied retrospectively to couples...
read moreUPDATED – Registering with married name in Italy
British women who have changed their surnames following their wedding may have issues when dealing with Italian administrative bodies, such as banks, the “Comune” or the “Anagrafe”. An individual in England may change their name at will, without having to undergo any onerous documentary formalities. It is especially the case and tradition in England that a woman take her husband’s surname; a marriage certificate which shows both the woman’s maiden name and the husband’s surname will suffice as evidence to enable her to change...
read moreSUCCESSION REGULATION – Which national law will apply?
This article explores how the Succession Regulation imposes one law to a succession involving an estate in Italy. The death of a person resident in a Member State leaving assets and heirs in more than one country, or with a nationality different from the place of residence, would have caused a headache for the Executors, given the conflict of laws between different states. This is frequently the case where a succession involves assets in the UK and Italy, as Italian and English law are based on completely different principles. Italian...
read moreExpats right to vote in May 2015 UK Elections
Expats’ right to vote Harry Shindler MBE addressed the House of Commons on 2nd December 2014, on the issue of guaranteeing expats the right to vote after the Conservative Party pledged in their manifesto to abolish the 15 year rule if they are re-elected – this rule could affect millions of British citizens resident outside the UK in EU member states for more than 15 years, who are still closely connected with the UK and have an interest in being part of the democratic process to elect the future government. 2014 saw the European...
read moreReform of the Italian Legal System
The title of the new law introducing reform of the legal system in Italy is “Urgent measures relating to jurisdiction and other instruments to reduce delay in the civil justice system“. (Law n. 132 of 12th September 2014). Coming into force from January 2015, one aim of the law is to lighten the heavy workload of judges by reducing the backlog of more than 5 million pending cases that weigh down on the country’s courts, encouraging the parties involved in a dispute to resort to arbitration or negotiation with the help of their...
read moreO&P sponsors Italian Film Festival
Oliver & Partners is a sponsor of the Italian film Festival in Podgorica, Montenegro during the 14th annual “Week of the Italian Language in the World” organised by the Italian Embassy in Montenegro, where films are being screened in the cities of Podgorica 26 – 28 October, Bijelo Polje 29 – 30 October, Niksic 1 – 2 November, and Cetinje from 5-6...
read moreEU Succession Regulation comes into force in August 2015
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 chosen not to opt-in to the Regulation. The Regulation will come into force in August 2015. In the months leading up to the entry into force of the Regulation we will be providing analysis and...
read moreStepchild Adoption by Same-Sex couple in Italy
In 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 in Rome. The Rome Court (Tribunale per i Minorenni) upheld the mothers’ request for adoption based on Article 33 of the Law of Adoption of 4 May 1983, n.184, modified by law 149 of 2001....
read moreItalian courts go digital
From 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 2014. The rules apply at this stage only to cases brought in the Tribunale Ordinario Civile (the Court of First Instance), but will gradually be introduced also in the Court of Appeal from June...
read morePower of attorney for use in Italy
LEGAL 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 affairs and bank accounts or to set up a company. If the power of attorney is signed in Italy, the signature must be witnessed by a Notary Public. This is not always straightforward if the...
read moreNon EU spouses of EU nationals
FAMILY 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 an EU citizen of that Member State (Judgment in Cases C-456/12 and C-457/12). These rulings were in response to two separate requests from the Netherlands, in the context of four different...
read moreEU Commission Recommendation: voting rights for expats
Brussels, 29 January 2014 NEWS UPDATE POSTED BY CHARLOTTE OLIVER: Disenfranchisement: Commission acts to defend voting rights of EU citizens abroad The European Commission has today issued guidance to EU-Member States which have rules in place leading to a loss of voting rights for citizens in national elections, simply because they have exercised their right to free movement in the EU. Five Member States (Denmark, Ireland, Cyprus, Malta and the United Kingdom) currently apply regimes which have that effect....
read moreThe right to choose a surname
LEGAL 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 that they are the same person as when they bore their maiden name, and in most cases we are able to resolve the question by preparing a statutory declaration. We recently assisted a UK...
read moreNew law on Legitimate and Illegitimate Children
LEGAL 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 from the Italian Civil Code. These changes will have notable consequences, particularly in succession law; all children will now have the same rights of inheritance to their parents’...
read more