Selling gifted or inherited property

Posted by on Apr 25, 2022 in LEGAL UPDATES | 0 comments

When the ownership of an Italian property has passed by way of an inheritance (eredità), or has been transferred between generations by a gift (donazione), this may create an obstacle to the future sale, in particular if less than 20 years has passed from the inheritance or gift. A seller may find there is increased scrutiny of the property history by the buyer, the Notary or by a bank considering a mortgage application by the buyer.  Selling inherited property In the case of inherited property, there may be concerns that other heirs may...

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THE SPID CHALLENGE

Posted by on Mar 26, 2022 in LEGAL UPDATES | 0 comments

The SPID (sistema pubblica di identità digitale) is a set of secure credentials issued to an individual who has been formally identified. Being asked to provide a SPID is becoming as common as having to show an ID card or codice fiscale in Italy. The SPID is not obligatory, but since October 2021 is essential in order to access government departments and the offices of the public administration (PA) online, for example the Agenzia dell’Entrate, INPS, IO and the Servizi Sanitari (although as an alternative the CNS or CIE can also be...

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Affidavits, Statutory Declarations and Certified Copies

Posted by on Mar 24, 2022 in LEGAL UPDATES | 0 comments

The list of English Solicitors in Italy on the GOV.UK website has been recently updated. When selecting what area of law that you require assistance in, ‘affidavits, statutory declarations and certified copies’ are no longer an option. We have contacted the British Embassy in Rome advising them of this omission on the GOV.UK website. We have therefore received a number of enquiries from clients as to whether we still offer this service. We can confirm that we can draw up and witness these documents, where they need to be provided to a UK...

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INCAPACITY AND ITALIAN LAW

Posted by on Mar 23, 2022 in LEGAL UPDATES | 0 comments

This firm assists the families of elderly relatives who live in Italy, often where the elderly person has worked for many years and retired here, but now live alone. The elderly person may have close relatives who live abroad and cannot provide day-to-day assistance. In some cases they may be estranged from those relatives or even have no next of kin alive. We can assist the family to put measures in place, such as a power of attorney or court order, to ensure their relative continues to be well-cared for, and can access funds to finance their...

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Residenza elettiva

Posted by on Mar 21, 2022 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Il permesso di soggiorno per residenza elettiva consente l’ingresso in Italia, ai fini del soggiorno, allo straniero che intenda stabilirsi nel nostro Paese e che dimostri di possedere risorse sufficienti a mantenersi autonomamente senza esercitare alcuna attività lavorativa Requisiti per la domanda di permesso per residenza elettiva: disponibilità di un’abitazione da eleggere a residenza (proprietà immobiliare o contratto di locazione di oltre 12 mesi) possesso di ampie risorse economiche autonome, stabili e regolari, di cui si...

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Carta di soggiorno for British citizens in Italy

Posted by on Mar 18, 2022 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Since January 2021 a residence permit in a plastic card format (“carta di soggiorno“) has been available to British nationals and their family members who were resident in Italy pre-Brexit, ie on or before 31st December 2020. By “resident in Italy” we mean that a person’s name and address is registered with the Anagrafe office of the Comune in which they live. Read our previous article here The carta di soggiorno, which is issued by the local police headquarters (“Questura”) was specifically designed...

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EU Settlement Scheme – Deadline for submission: 30th June 2021

Posted by on Apr 30, 2021 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

The UK has left the EU and as of January 2021, the immigration rules to enter and remain in the UK have been changing. It is crucial now for EU citizens to secure their pre-settled or settled status in order for them to be able to continue working and residing in the UK without the requirement of a visa to do so. The following groups of people who are currently in the UK or arrived in the UK by 31st December 2020 can apply under the EU Settlement Scheme: EU citizens Citizens of Norway, Lichtenstein, Iceland (non-EU EEA citizens) Swiss...

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Where to start family proceedings post-Brexit

Posted by on Mar 26, 2021 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Up to the end of December 2020 the jurisdiction rules for cross-border family cases in the UE had been clear and predictable in 28 member States, for almost two decades. The term jurisdiction refers to the ability of the courts in a particular country to deal with a legal issue.  The EU Regulation of 2003 known as “Brussels IIa” set out a list of possible alternative forums for a claim of separation or divorce, or cases involving custody of children, where there is an international or “cross-border” element, for...

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New Residence Document (carta di soggiorno) for British Citizens

Posted by on Jan 14, 2021 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

We have had a number of enquiries from our clients in relation to the new residence document (carta di soggiorno) that is now available for those British Citizens who were legally resident or who had commenced the process of registering their residence in Italy before the end of the transition period i.e. 31st December 2020. This is not an obligatory document, but we believe it will be very useful to have it when travelling in and out of Italy. British citizens who do not apply for a carta di soggiorno can equally use the...

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UK Immigration Bill

Posted by on Nov 30, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

On 11th November 2020, the UK government’s Immigration and Social Security Co-Ordination (EU Withdrawal Bill) more commonly referred to as the ‘Immigration Bill’ received Royal Assent turning the bill into an official act of parliament. This bill does what Priti Patel was boasting about all year, i.e. that it officially ends the free movement of people between the EU and the UK and will be effective as of the end of 2020. Background to Free Movement: Free movement is a fundamental element of the EU ensuring that citizens are able to...

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Decreto Flussi 2020

Posted by on Nov 6, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

The following article is written in both an Italian and English language version.  Decreto flussi 2020, pubblicato in Gazzetta ufficiale (G.U. Serie generale, n.252, del 12 ottobre 2020) Dalle ore 9 del 13 ottore 2020, è disponibile l’applicativo per la precompilazione dei moduli di domanda per i premessi di soggiorno in Italia. C’è quindi la possibilità di fare entrare in maniera regolare per attività lavorativa tutti gli stranieri che abbiano a che fare con l’attività dell’autotrasporto merci, dell’edilizia e...

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Reduction of decision time for Italian citizenship applications

Posted by on Nov 6, 2020 in LEGAL UPDATES | 0 comments

Following the Decreto Legge dated 21st October 2020 n.130. the period for the Ministero dell’Interno to make a decision on citizenship applications has been reduced from 4 years to 3 years from the point of submission of the application. This new law amends Decreto Legge dated 4th October 2018 n.113 that extended the decision time from 2 years to 4 years. Please be advised that this is not retrospective for applications already...

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Mental capacity from an international law perspective

Posted by on Oct 25, 2020 in LEGAL UPDATES | 0 comments

British citizens owning property overseas may have difficulty dealing with those assets should they lose legal capacity due to illness or old age, as a Lasting Power of Attorney made in the UK will not necessarily be recognised in another legal jurisdiction.    A recent article published in the Law Society’s Private Client Section, “The New Frontier”, includes case studies considering cross-border mental capacity laws across four European jurisdictions, and a contribution on the Italian perspective by Charlotte Oliver. Link...

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Update: travelling to Italy from overseas in Covid-19 pandemic

Posted by on Sep 28, 2020 in LEGAL UPDATES | 0 comments

The latest update to the current travelling restrictions imposes blocks on those arriving in Italy from certain countries. These new rules are in place from 22nd September to 7th October 2020. Link to updated rules on Ministry of Health website: http://www.salute.gov.it/portale/nuovocoronavirus/dettaglioContenutiNuovoCoronavirus.jsp?id=5411&area=nuovoCoronavirus&menu=vuoto Non EU countries Travellers from some specific countries are now allowed to enter Italy for tourism, although they are obliged to quarantine for 14...

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Tribunale di Roma, guidelines September 2020

Posted by on Sep 24, 2020 in LEGAL UPDATES | 0 comments

The Civil Court of Rome at Via Giulio Cesare is tentatively resuming normal service, but much of its previous routine work has been moved to virtual hearings or applications for copies of courts orders being made by PEC certified email. Where possible visits by the public are now avoided. The Court recently published news on how each section is operating, see link below. This is much welcomed, even before the pandemic a move to an appointments based system to avoid queues starting at 6.30am, or use of email rather than the...

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Right to maintenance for adult “children”

Posted by on Aug 30, 2020 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Historic ruling no. 17183/2020 of the Italian Supreme Court: adult children must find mandatory work after completion of their studies. A recent ruling of the Italian Supreme Court no. 17183/2020 has radically changed the concept of the right to maintenance, especially for children of separated parents. Facts: The judgment was issued in relation to an appeal of a decision made by the Court of Appeal in Florence on 29th March 2018, made by a mother on the revocation of maintenance paid by her ex-husband in favour of her son (33 years old in...

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Courts to open in August in Le Marche

Posted by on Jul 21, 2020 in LEGAL UPDATES | 0 comments

Usually the Italian courts are “suspended” for the traditional Italian holiday month, from 1st to 31st August, and this period does not count in calculating any time limits for service or filing of court pleadings or defences and no hearings are listed. The Court of Ancona in Le Marche has announced this week that it will instead list more than 300 cases for hearings in both criminal and civil proceedings, on application by the parties, in an attempt to clear the backlog of work mounting up due to lockdown period adjournments. ...

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“Sanatoria 2020” – Amnesty for undeclared foreign workers (D.L. n. 34 Maggio 2020)

Posted by on Jul 19, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

The following article has been posted in Italian with an English translation below: ARTICOLO 103 DEL DECRETO – LEGGE 19 MAGGIO 2020, N.34 – EMERSIONE RAPPORTO DI LAVORO 2020 E’ stata prorogata fino al 15 Agosto 2020 la SANATORIA 2020. La legge ha previsto la possibilità di far emergere i rapporti di lavoro irregolare in essere con cittadini stranieri, nonché di rilasciare permessi di soggiorno temporanei ai cittadini stranieri che ne erano già in possesso, scaduti dal 31 ottobre 2019 non rinnovati né convertiti in...

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New immigration lawyer joins Oliver & Partners

Posted by on Jun 29, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

We are pleased to announce a new addition to the Immigration and Citizenship department. Liliana Petrolo is an Italian lawyer with extensive experience in applications for visas for entry to Italy, in particular from non-EU countries, including: visas for re-entry into Italy, for family reasons, study, or elective residence (visto per reingresso, motivi familiari, residenza elettiva e studio); “blue card” applications for skilled workers (carta blu); permits for family re-union (permesso di soggiorno per ricongiungimento familiare);...

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Executing a will in times of social distancing

Posted by on Jun 25, 2020 in LEGAL UPDATES, SUCCESSION LAW UPDATES | 0 comments

The EU Succession Regulation 650/2012 (Article 27 (1)) provides that an English form will is valid even if made in Italy, in relation to Italian assets or any property situated in a member state which is a party to the Regulation. According to the EU Regulation, any will or codicil to a will (described as a “disposition of property on death”) is valid, as long as it is made in accordance with the national law of the testator, or the testator’s place of domicile or residence, either at the time of the will or the time of...

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