Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in LEGAL UPDATES | 0 comments

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 of the Public Guardian in the UK is not recognised in Italy. Likewise, a court order made in Italy nominating a guardian (tutore/ amministratore di sostegno) or removing legal capacity...

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Enforcing a maintenance order in another EU country

Posted by on Jan 26, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

CASELAW: We have recently represented a client in the Italian courts, defending an action brought by her former husband to revoke her divorce maintenance order. The divorce took place in the UK courts, but both parties and their children now live in Italy. We not only opposed the husband’s right to revoke the maintenance order at all, we also took issue with the way in which the husband introduced the claim in the Italian courts. According to the Regulation on the Recognition and Enforcement of Maintenance Orders (EU Regulation no....

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New Solicitor joins Oliver & Partners

Posted by on Jan 21, 2018 in NEWS AND EVENTS | 0 comments

We are very happy to welcome Aleksandra Broom to our team this month. Aleksandra is a practising Solicitor of England and Wales.  She has recently moved to Rome from London and will be specialising in the area of immigration and nationality law and family law. She has a wide range of previous experience in immigration and family law matters including advocacy in the UK courts and tribunals. She will be registering with the Ordine degli Avvocati di Roma as an established lawyer (avvocato stablito) under the EU rules of establishment of lawyers...

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First ECJ caselaw on Succession Regulation

Posted by on Nov 24, 2017 in LEGAL UPDATES | 0 comments

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 to see how some controversial or ambiguous clauses are going to be defined, for example in the definition of habitual residence – how it will be clear in the case of a person who...

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

Posted by on Nov 13, 2017 in LEGAL UPDATES | 0 comments

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 influential. The court decided that in determining the right to and amount of maintenance for the weaker spouse, the main factor should be the financial independence, or lack of, of that...

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New rules – declaration of succession in Italy

Posted by on Sep 26, 2017 in LEGAL UPDATES | 0 comments

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 area of the last place of residence of the deceased. The form states whether the deceased died intestate, or intestate, In case of a testate succession an authentic copy of the last will must...

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Living Wills in Italy “il testamento biologico”

Posted by on Apr 4, 2017 in LEGAL UPDATES | 0 comments

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 by which an individual, who is over 18 and who has full mental capacity, expresses their wishes regarding future medical treatment, in circumstances in which they are no longer able to...

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Alternative White Paper – UK Citizens in Europe

Posted by on Feb 2, 2017 in LEGAL UPDATES | 0 comments

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 together for the first time to call for their serious concerns to be acted on before Article 50 is triggered. The groups represent thousands of British citizens living and working across the...

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Cohabitation agreements

Posted by on Jan 29, 2017 in LEGAL UPDATES | 0 comments

The contract of cohabitation (in Italian “contratto di convivenza”) has to be in written form, as a Public Deed (prepared by a Notary Public), or a Private Contract, which is then authenticated by a Lawyer.   The Notary or Lawyer will then send the executed document to the Comune, who will transcribe the same in its registers. This professional will also be responsible for the rescission of the contract (by either the wish of both parties, a unilateral decision, by death or marriage) communicating any changes to the Comune, as...

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#FairDealNow Webinar

Posted by on Jan 29, 2017 in LEGAL UPDATES | 0 comments

Monday 30th January 2017 at 6pm UK time (7pm Italy). Organised by group New Europeans, this webinar will discuss issues relating to the future of British citizens in the EU and EU nationals in the UK. Please find all the details and how to register on this link. https://neweuropeans.net/event/1707/fairdealnow-webinar New Europeans is a civil rights organisation which champions freedom of movement, non-discrimination and the principle of solidarity in...

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ELECTIVE RESIDENCE IN ITALY

Posted by on Jan 18, 2017 in LEGAL UPDATES | 0 comments

An application can be made for an Elective Residence Permit (“Permesso di Soggiorno per Residenza Elettiva”), if the foreign resident wants to live in Italy without carrying out any working activity. Aside from not being employed in Italy, adequate funds must be demonstrated in order to show that the applicant will not rely on the Italian State, for themselves as individuals, as well as for any dependant family members accompanying them. The applicant must also have a guaranteed place to live, and demonstrate this via documentation. Please...

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Article 50 and individual rights

Posted by on Dec 1, 2016 in LEGAL UPDATES | 0 comments

The political upheaval in the UK following the June Referendum resulted in a new Government being formed. Prime Minister Theresa May declared that “Brexit means Brexit” and that she would notify under Article 50 of the EU Treaty the withdrawal of the UK from the European Union. Opinions have been divided on what Brexit means, whether this involves leaving the Single market entirely and having no further reciprocal arrangements with the EU, whether or not Parliament has a right to vote on the terms of withdrawal, or whether the country is...

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Italian Referendum – Si or No?

Posted by on Nov 27, 2016 in LEGAL UPDATES | 0 comments

The Italian referendum due to take place on the 4th December demonstrates an attempt by the current government to change the years of sclerotic politics that many feel dominate the country. Indeed, Italy has been noted to have one of the largest and most expensive governments in the world. This is partly due to the bicameral structure of government that, as of 2015, is only employed by less than half of the world’s national legislatures. It differs from the more common forms used in a democratic government, where all  members of parliament...

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DNA and inheritance claims in Italy

Posted by on Nov 2, 2016 in LEGAL UPDATES | 0 comments

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 relationships. The method employed to test DNA has improved dramatically, now boasting a 99.99% accuracy, so providing an attractive tool to quickly and precisely give evidence in cases...

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BREXIT: What is EU law exactly?

Posted by on Sep 22, 2016 in LEGAL UPDATES | 0 comments

As an English lawyer practising in Italy for 15 years, I have valued the certainty that EU law has provided in legal situations in which international clients and business find themselves, where there is a conflict between the laws of more than one member state. However, most voters in the EU Referendum cited the belief that EU law prevented the UK fom having sovereignty over its own law-making powers, and in the months and years leading up to the withdrawal from the EU the UK is going to have to turn back the clock and re-write the...

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Potential Increase in Inheritance Tax in Italy

Posted by on Sep 14, 2016 in LEGAL UPDATES | 0 comments

When it comes to inheritance tax, Italy currently enjoys somewhat of a “tax haven” status.  These particular taxes are some of the lowest in Europe, with the maximum amount payable by an heir currently being 8% of the total value inherited.  The percentages are calculated based on the relationship the heir has to the deceased;  the spouse and children of the deceased are currently only liable for 4%, of any amount inherited over 1,000,000 Euro. This means that, in most succession cases in Italy, the heirs will not pay anything in...

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Italian citizenship – the rights of EU nationals

Posted by on Aug 19, 2016 in LEGAL UPDATES | 0 comments

Facing the possibile loss of European citizenship in the future as the UK discusses the withdrawal from membership of the EU, many British nationals are looking at the prospect of dual nationality with their state of residence.  In Germany offers have even been made publicly since the Brexit Referendum to change the law to allow fast-track applications from British nationals living there, to end possible years of uncertainty over residence rights. Any EU national resident in Italy for at least 4 years is entitled to apply for Italian...

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BREXIT: What now for British citizens in Italy?

Posted by on Jul 1, 2016 in LEGAL UPDATES, NEWS AND EVENTS | 0 comments

British citizens in Italy and the rest of Europe are concerned about their legal status and rights now the UK has voted to give up its EU membership. Many questions have been raised by British citizens in Italy, whether they are retired, working, or who own property or business interests here, for example: Will I lose my resident status and be asked to return to the UK? Do I need to appy for a permesso di soggiorno? Will I still be entitled to healthcare? Should I take up Italian citizenship? Is my right to work here affected, will my company...

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Civil Unions and Cohabitation Bill

Posted by on May 18, 2016 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

The Senate has approved a new law governing civil unions in Italy and right of de-facto couples, which has been, for a number of years, subject of a fierce debate between politicians, the Church and the media. The first part of this new law allows civil unions, or civil partnerships, between individuals of the same sex, by way of a declaration before a Civil Status Officer and two witnesses.  A civil union will provide a couple with some, but not all, of the rights enjoyed by heterosexual married couples (for example, the right to receive...

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High Court judges consider the 15 year rule

Posted by on Apr 26, 2016 in LEGAL UPDATES | 0 comments

            The case brought by Harry Shindler and Jacquelyn Maclennan in the High Court for Judicial Review of the Referendum Act 2015 was heard on 20th April 2016 in front of Mr Justice Blake and Lord Justice Lloyd Jones in Court 3 of the High Court. The Claimants were represented by Leigh Day Solicitors. Counsel was Aidan O’Neill QC.  Claimant Jacquelyn MacLennan was present at the hearing but Harry SHindler was unable to travel from Italy. Aidan O’Neill QC said on behalf of the Claimants that...

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