The English text of the Proposal for this new Regulation has just been published. This will put to rest most of the dispute and conflict between different European laws on succession.
I have recieved this query which I am posting to start off a debate perhaps with people in similar situations:" I am resident in Italy as from April this year/wife becoming resident later this year.
This was a question from another member in another thread, I though it was worth starting a discussion on this point:"I understand if you are renting your property to a person who is elderly(or maybe there is no age limit) you cannot force them t
The 2005 Green Paper on Wills and Succession recommended that the conflicting succession rules in many European countries should be harmonised by a new EU Regulation.A Regulation is a European law which is directly applicable to all member states,
You are right Jacki you can put what you want in your will, and it is perfectly OK to have one will just in the UK which refers to your worldwide property including any property in Italy.whether your will can be challenged by your heirs after your death if they were not left the share they were enitled to...better to check this before you make a will, but it does not make the will invalid per se.It can be a good idea to have a separate will in Italy for your property here, but depends on your own circumstances, and only if both wills are carefully checked by a lawyer to avoid any conflict between the two. The main reason for keeping separate wills in different countries is also to lessen the bureaucracy for your heirs.You can make a will in English or Italian.Many people are unclear about the type of will they can make, ie what form it should be in. An English will signed in front of two witnesses, a holographic will, or a public will signed in front of a Notary Public in Italy? The answer is probably any of these.Your will is valid if it is made in the form prescribed by:- the law of the country in which it is signed- the law of the country where the testator is resident or domicile- the law of the country of which the testator is a national (at the moment of signing the will).Charlotte
Hi this must be worrying for you if you are not living in Italy. I am afraid it is true that it will take a long time to enforce an eviction (sfratto), but you should get your lawyer to start the ball rolling. You need to record the fact that as you are aware of the situation you are taking steps to rectify it, also to remove or limit any civil liability as the owner, if there are any accidents in the property (responsabilita civile).
I finally found some time over the Christmas holidays to check back into Italymag to see what readers were saying about IMU and Letta...I was astonished to find that the Community has literally been killed off. I spent a few years posting on the upcoming Succession Regulation which affects millions of people who have property or interests in Italy, especcialy for British citizens. I think it became a useful resource for people to read through to think about their own situations and ask questions. Could you send me a zip of the posts please. I looked at your Facebook page but its obviously not a forum. Not sure if I am too late, loks like all the names I recognise signed off at the end of May!
Donations are advised against, because in a dispite in Italian succession law, the value of lifetime gifts and donations are added to the value of assets owned on death to calculate the total share owed to each heir, and there is a risk that the property could be returned, in spite of it having been sold to a third party. Although this is very rare, it is enough to make banks wary of giving mortgages on donated propties, so makes them very difficult to sell.
notary and transfer deed Hi I havent posted here for a while, I saw this post and thought I would add something... You cannot amend an original property deed, a new deed will be signed as though this is a "sale" of 50% to your wife. The Notary will look at all aspects of the property even the planning issues if you have done any works to it, to make sure your wife' s acquisition of a half share is valid. Bear in mind also that property tax will need to be paid on half. Charlotte
Disappointing. Hharry's application was ruled inadmissible, not in violation of Article 3 of the Convention. Its a very long judgement, getting some press interest in the UK. Harry will fight on the the United Nations now...! You can see the judgement on the ECHR website, or if interested please contact me by email and I will email you a copy. charlotte c.oliver@oliverpartners.it
But like many people today in this international world I pay tax in both countries, Italy and UK, yes I would love to have the right to vote in both places!
Decision will be published tomorrow at 10am should be interesting either way it goes. Personally I think it is right to let the individual choose. Only a small percentage of expats want to keep their voting rights indefinitely, and some maintain stronger ties than others. I have been here nearly 15 years, I still have property and mortgage in the UK, my children are half English and I would like them to study in the UK in the future, and I am very involved with the British expat community and the British Embassy in Italy, i work as a lawyer advising on English and Italian law, because I qualified in The UK i still have a practicing certificate issued there. I still consider myself as having UK domicile, I may go back to live there one day. I have very little understanding of Italian politics nor do I understand the electoral system, and it would never occur to me to become an Italian citizen, why should I do that just tonhave the right to vote here? That is my choice. I dont want to be Italian because I am not Italian!!! But If I choose not to I am effectively disenfranchised...
Comments posted
You are right Jacki you can put what you want in your will, and it is perfectly OK to have one will just in the UK which refers to your worldwide property including any property in Italy.whether your will can be challenged by your heirs after your death if they were not left the share they were enitled to...better to check this before you make a will, but it does not make the will invalid per se.It can be a good idea to have a separate will in Italy for your property here, but depends on your own circumstances, and only if both wills are carefully checked by a lawyer to avoid any conflict between the two. The main reason for keeping separate wills in different countries is also to lessen the bureaucracy for your heirs.You can make a will in English or Italian.Many people are unclear about the type of will they can make, ie what form it should be in. An English will signed in front of two witnesses, a holographic will, or a public will signed in front of a Notary Public in Italy? The answer is probably any of these.Your will is valid if it is made in the form prescribed by:- the law of the country in which it is signed- the law of the country where the testator is resident or domicile- the law of the country of which the testator is a national (at the moment of signing the will).Charlotte
Hi this must be worrying for you if you are not living in Italy. I am afraid it is true that it will take a long time to enforce an eviction (sfratto), but you should get your lawyer to start the ball rolling. You need to record the fact that as you are aware of the situation you are taking steps to rectify it, also to remove or limit any civil liability as the owner, if there are any accidents in the property (responsabilita civile).
I finally found some time over the Christmas holidays to check back into Italymag to see what readers were saying about IMU and Letta...I was astonished to find that the Community has literally been killed off. I spent a few years posting on the upcoming Succession Regulation which affects millions of people who have property or interests in Italy, especcialy for British citizens. I think it became a useful resource for people to read through to think about their own situations and ask questions. Could you send me a zip of the posts please. I looked at your Facebook page but its obviously not a forum. Not sure if I am too late, loks like all the names I recognise signed off at the end of May!
Donations are advised against, because in a dispite in Italian succession law, the value of lifetime gifts and donations are added to the value of assets owned on death to calculate the total share owed to each heir, and there is a risk that the property could be returned, in spite of it having been sold to a third party. Although this is very rare, it is enough to make banks wary of giving mortgages on donated propties, so makes them very difficult to sell.
notary and transfer deed Hi I havent posted here for a while, I saw this post and thought I would add something... You cannot amend an original property deed, a new deed will be signed as though this is a "sale" of 50% to your wife. The Notary will look at all aspects of the property even the planning issues if you have done any works to it, to make sure your wife' s acquisition of a half share is valid. Bear in mind also that property tax will need to be paid on half. Charlotte
Here too The Independent http://www.independent.co.uk/news/uk/home-news/93yearold-former-servicem... via @Independent
http://hudoc.echr.coe.int/webservices/content/pdf/003-4350682-5218120?TI... Here is the link to the ECHR press release. This judgement is not final, Harry will probably now ask for the case to be considered by the Grand Chamber.
Disappointing. Hharry's application was ruled inadmissible, not in violation of Article 3 of the Convention. Its a very long judgement, getting some press interest in the UK. Harry will fight on the the United Nations now...! You can see the judgement on the ECHR website, or if interested please contact me by email and I will email you a copy. charlotte c.oliver@oliverpartners.it
But like many people today in this international world I pay tax in both countries, Italy and UK, yes I would love to have the right to vote in both places!
Decision will be published tomorrow at 10am should be interesting either way it goes. Personally I think it is right to let the individual choose. Only a small percentage of expats want to keep their voting rights indefinitely, and some maintain stronger ties than others. I have been here nearly 15 years, I still have property and mortgage in the UK, my children are half English and I would like them to study in the UK in the future, and I am very involved with the British expat community and the British Embassy in Italy, i work as a lawyer advising on English and Italian law, because I qualified in The UK i still have a practicing certificate issued there. I still consider myself as having UK domicile, I may go back to live there one day. I have very little understanding of Italian politics nor do I understand the electoral system, and it would never occur to me to become an Italian citizen, why should I do that just tonhave the right to vote here? That is my choice. I dont want to be Italian because I am not Italian!!! But If I choose not to I am effectively disenfranchised...