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British nationals applying for Italian citizenship

Posted by on Feb 27, 2018 in LEGAL UPDATES

The largest group of foreign nationals applying for Italian Citizenship in the past year consists of British Citizens. Oliver & Partners has seen a sharp increase in enquiries and is currently assisting with a number of  applications. This development of course is in the aftermath of the triggering of Article 50 of the Lisbon Treaty by British Prime...

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Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in LEGAL UPDATES

There is currently no framework for the cross-border recognition of court orders affecting the legal capacity of adults. Whereas family court orders (divorce or maintenance for example) are recognised across EU member states, orders for the protection of vulnerable adults are not. For example, a Lasting Power of Attorney (or LPA) registered with the Office...

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First ECJ caselaw on Succession Regulation

Posted by on Nov 24, 2017 in LEGAL UPDATES

The EU Regulation on cross-border inheritance and succession no. 650/2012 came into force in August 2015, so not surprisingly only now its provisions are starting to be interpreted by the European Court of Justice. Lawyers who deal with cross-border estates, such as a succession involving assets in more than one country including an EU member state are keen...

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Italian divorce law – Supreme Court takes new direction on spousal maintenance

Posted by on Nov 13, 2017 in LEGAL UPDATES

A historic decision of the Corte di Cassazione in May 2017 may be one of the most discussed developments in Italian divorce law for years to come. Although the decision was made by Section I of the Supreme Court (not a joint “sezioni uniti” pronouncement considered to have the most power to bind future courts) it is widely conisdered to be very...

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New rules – declaration of succession in Italy

Posted by on Sep 26, 2017 in LEGAL UPDATES

The death of a person in Italy must be registered within 12 months, by the heirs, an Executor or other interested party, by lodging the form known as the “dichiarazione di successione“, probably the equivalent of the application for Probate in the UK. Up to now this form has been presented at the tax office, the Agenzia delle Entrate, in the...

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Living Wills in Italy “il testamento biologico”

Posted by on Apr 4, 2017 in LEGAL UPDATES

UPDATE: Since this article was written the Sentate have now approved the proposed law (on 14 December 2017) On the 13th March 2017, the Italian Senate started discussing a proposed new law regarding the introduction of “Testamenti Biologici”, (“Biological Wills”), the equivalent of what are known as “Living Wills” in the UK. This is a document...

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Alternative White Paper – UK Citizens in Europe

Posted by on Feb 2, 2017 in LEGAL UPDATES

On the eve of the Government’s White Paper publication, UK citizens living in the EU present their ‘UK Citizens in Europe – Towards an Alternative White Paper’. Alternative White Paper – Uk citizens in the EU – LINK TO WHITE PAPER ON SITE OF ECREU This is the biggest group of British citizens’ organisations in Europe working...

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