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Three years of the new EU Succcession Regulation

Posted by on Oct 6, 2018 in SUCCESSION LAW UPDATES

Choice of Law Clause in Wills The EU Succession Regulation (650/2012) came into force in August 2015, with the intention of simplifying and clarifying succession procedures and applicable laws, for Europeans living in different countries than that of their origin, and owners of property in multiple cities. Currently the applicable law to a succession, in...

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Disposizioni Anticipate di Trattamento – the right to choose

Posted by on Jul 30, 2018 in LEGAL UPDATES, SUCCESSION LAW UPDATES

Disposizioni Anticipate di Trattamento – the right to choose Following considerable public interest and pressure, the Italian government has now approved the proposed Law on Living Wills. (See also article of 4 April 2017, “Living Wills in Italy- Il Testamento Biologico”, published by Jessica Zama). Law n.219 of 22 December 2017 is now in force,...

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International succession dispute – Johnny Hallyday

Posted by on Apr 27, 2018 in LEGAL UPDATES, SUCCESSION LAW UPDATES

Lawyers in France and the US are embroiled in the latest high profile international succession dispute, attempting to untangle the complex estate of Johnny Hallyday, the iconic French singer who died in December 2017 leaving four children and his wife Laeticia. We thought it would be interesting to look at the scenario, as it is similar to that which often...

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DNA and inheritance claims in Italy

Posted by on Nov 2, 2016 in LEGAL UPDATES, SUCCESSION LAW UPDATES

DNA profiling is now a widely used method to convict the perpetrator of a crime to a high degree of accuracy. Yet, despite its newfound dramatic appeal, it was originally developed as a means to provide genetic evidence of paternity as early as the mid-1970s; this assessment, known as HLA testing, was a powerful, if problematic, tool to identify biological...

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SUCCESSION REGULATION 650/2012 – The UK decision to opt-out

Posted by on Nov 24, 2015 in LEGAL UPDATES, SUCCESSION LAW UPDATES

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...

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SUCCESSION REGULATION 650/2012 – The European Certificate of Succession

Posted by on Jun 12, 2015 in LEGAL UPDATES, SUCCESSION LAW UPDATES

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...

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SUCCESSION REGULATION – Which national law will apply?

Posted by on Jan 17, 2015 in LEGAL UPDATES, SUCCESSION LAW UPDATES

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...

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