Both my brother and myself each own 9/30 of a property in Italy left by our late mother(an Italian) in her will. This had displeased my sister who is blocking a sale unless I agree to share the proportion equally by all the five heirs.
Help! How does the law in Italy apply for non payment of Condominium charges? Both my brother and myself live in the UK and we each own a 30% share of an appartment in Italy that we have inherited.
Thank you for your prompt reply. Unfortunately there is an inheritance dispute. My sister, in question has 4/30 of the share of the property. Both my brother and I have 9/30 each. She is doing this out of spite. There are 7 heirs in total , 2 of which live in Italy and are young, in their 20's .A solicitor has approached them to pay the unpaid Condominio bills by the heirs in the Uk . If and once paid can some of the remaining heirs force a sale despite the high legal costs?Thank you
Dear Ugo, Since last writing to you the situation has changed somewhat. Not heard anything as yet with regards to the Will being contested by my sister.In the meantime legal proceedings have commenced All 5 heirs have received individual letters from a solicitor for non payment of Condominium Bill amounting to Euros10,000.. My brother and myself have paid our share a total of 18/30 (£6000,00) . What I would like to know is 1) Will the solicitor continue with his legal proceedings now that the sum owing has dropped?2) Is there a Condominium Code of Conduct ?We have always received hand and not typed minutes of meetings.3) What would be the solicitors next step? Many Thanks
Hi Ugo.Thank you for reply, much appreciated. Yes, my sister was cited on the will but with the legal minum requirement under Italian law. The Successione was passed a few years ago and she has never declined it. My sister is challenging the will due to the fact that myself and my brother were nominated as executors with the 'porzione disponibile' My sister is challenging the will on medical grounds. I hope that this has put more light on the situation.
Thank you for your reply. Please can you clarify as to what do you mean by ' an apartment is not divisible'? On the Successione Testamentaria it clearly states the division. Please excuse me for asking but are you a solicitor? Many thanks.
It is in appartment measuring approximately 80m2 in the town of Minori on the Amalfi coast. Each heir holds a set of keys but no one uses the flat. My husband and I own our own separate property nearby and each year we visit we check to see that all is in order. No one else has taken any interest. Thank you.
Hi,Thank you for your prompt reply. The quota is split between the five heirs as follows: Myself 9/30,my brother 9/30. each remaining three heirs 4/30 each. I have taken the responsabilty in the past of settling the bills with money that I was entrusted with by my mother.Can mysister be forced to sell? Thank You
Thank you for the last reply. It appears that the administrator is looking for an easy option,he said that he wrote to the other heirs but had no response. Not sure if had registered the letters. The fact that I know the administrator personally makes me think that he is using the easier option for me to chase payment. He also stated that the Condominium's solicitor has chosen to select me, as under italian law he can select any heir and it is i who hold the greater share?!! I feel the administrator is not doing his job correctly. Is there a law to say that I am not responible for the debts and can I quote this to the administrator? Your help and response is greatly appreciated in this very difficult and complicated matter.
Thank You so much for your prompt reply. I do agree that family affairs are so toxic.In answer to your question, succession has gone through and the will has not been legally contested. There was a good reason why my mother had done the will, she had wanted my sister to be disinherited due adult abuse. Consequently my mother had a protection order through Social Services and was placed in a nursing home. I should have said that besides me and my brother legally owning 30% each, the remaining 40% is owned between my sister and the children of remaining two heirs (two deceased brothers) Each have two children. Therefore, my brother, sister and myself are direct heirs the remaining are grandchildren . Had their been no will my sister would be in control and take over! My sister and her children had taken control of my mother's finances through deceit, and brought her back to the UK knowing that she was terminally ill. I am sorry to trouble with you with such a complicated issue. Can the Condominium force a sale and claim back the amount that is due? Thanh you once again.
Thank you for your reply. It has been very difficult to communicate with the remaining heirs. They will not co-operate as they believe that my late mother had signed a will against her wishes. The administrator of the Condominium who i know personally is using the easy option of leaving it to me to resolve outstanding payments,saying that a family dispute is not his concern. I have tried verbally in the past but just get abuse. On of the heirs lives in another part of Italy and personally I think it would make more sense to contact her. If, the property is seized and a sale forced am I solely responsible fo my share? What is my worst case scenario? I really do not want to go down the path of using a solicitor as their fee are horrendous with no guaranteed outcome. Your thoughts? Thank you
Comments posted
Thank you for your prompt reply. Unfortunately there is an inheritance dispute. My sister, in question has 4/30 of the share of the property. Both my brother and I have 9/30 each. She is doing this out of spite. There are 7 heirs in total , 2 of which live in Italy and are young, in their 20's .A solicitor has approached them to pay the unpaid Condominio bills by the heirs in the Uk . If and once paid can some of the remaining heirs force a sale despite the high legal costs?Thank you
Dear Ugo, Since last writing to you the situation has changed somewhat. Not heard anything as yet with regards to the Will being contested by my sister.In the meantime legal proceedings have commenced All 5 heirs have received individual letters from a solicitor for non payment of Condominium Bill amounting to Euros10,000.. My brother and myself have paid our share a total of 18/30 (£6000,00) . What I would like to know is 1) Will the solicitor continue with his legal proceedings now that the sum owing has dropped?2) Is there a Condominium Code of Conduct ?We have always received hand and not typed minutes of meetings.3) What would be the solicitors next step? Many Thanks
Hi Ugo.Thank you for reply, much appreciated. Yes, my sister was cited on the will but with the legal minum requirement under Italian law. The Successione was passed a few years ago and she has never declined it. My sister is challenging the will due to the fact that myself and my brother were nominated as executors with the 'porzione disponibile' My sister is challenging the will on medical grounds. I hope that this has put more light on the situation.
I read on line that it's 5 years from when the Will is acknowledged by all heirs, is this correct? Is there a time limit?Thanks
Thank you for your reply. Please can you clarify as to what do you mean by ' an apartment is not divisible'? On the Successione Testamentaria it clearly states the division. Please excuse me for asking but are you a solicitor? Many thanks.
It is in appartment measuring approximately 80m2 in the town of Minori on the Amalfi coast. Each heir holds a set of keys but no one uses the flat. My husband and I own our own separate property nearby and each year we visit we check to see that all is in order. No one else has taken any interest. Thank you.
Hi,Thank you for your prompt reply. The quota is split between the five heirs as follows: Myself 9/30,my brother 9/30. each remaining three heirs 4/30 each. I have taken the responsabilty in the past of settling the bills with money that I was entrusted with by my mother.Can mysister be forced to sell? Thank You
Thank you for the last reply. It appears that the administrator is looking for an easy option,he said that he wrote to the other heirs but had no response. Not sure if had registered the letters. The fact that I know the administrator personally makes me think that he is using the easier option for me to chase payment. He also stated that the Condominium's solicitor has chosen to select me, as under italian law he can select any heir and it is i who hold the greater share?!! I feel the administrator is not doing his job correctly. Is there a law to say that I am not responible for the debts and can I quote this to the administrator? Your help and response is greatly appreciated in this very difficult and complicated matter.
Thank You so much for your prompt reply. I do agree that family affairs are so toxic.In answer to your question, succession has gone through and the will has not been legally contested. There was a good reason why my mother had done the will, she had wanted my sister to be disinherited due adult abuse. Consequently my mother had a protection order through Social Services and was placed in a nursing home. I should have said that besides me and my brother legally owning 30% each, the remaining 40% is owned between my sister and the children of remaining two heirs (two deceased brothers) Each have two children. Therefore, my brother, sister and myself are direct heirs the remaining are grandchildren . Had their been no will my sister would be in control and take over! My sister and her children had taken control of my mother's finances through deceit, and brought her back to the UK knowing that she was terminally ill. I am sorry to trouble with you with such a complicated issue. Can the Condominium force a sale and claim back the amount that is due? Thanh you once again.
Thank you for your reply. It has been very difficult to communicate with the remaining heirs. They will not co-operate as they believe that my late mother had signed a will against her wishes. The administrator of the Condominium who i know personally is using the easy option of leaving it to me to resolve outstanding payments,saying that a family dispute is not his concern. I have tried verbally in the past but just get abuse. On of the heirs lives in another part of Italy and personally I think it would make more sense to contact her. If, the property is seized and a sale forced am I solely responsible fo my share? What is my worst case scenario? I really do not want to go down the path of using a solicitor as their fee are horrendous with no guaranteed outcome. Your thoughts? Thank you