Recognition of a Lasting Power of Attorney in Italy

Posted by on Mar 30, 2024 in LEGAL UPDATES | 0 comments

In case of advanced age and the onset of dementia, the loss of mental capacity of a family member can  present legal obstacles when relatives need to access their savings or sell their property to fund their future care. In the UK a Lasting Power of Attorney (LPA) is a useful tool which can be signed and registered with the Office of the Public Guardian in advance of a person losing capacity. The LPA can be signed to allow attorneys to manage a person’s Property and FInancial Affairs and/or for Health and Welfare. There can be...

read more

UK entry visas – Health surcharge

Posted by on Mar 20, 2024 in LEGAL UPDATES | 0 comments

The Immigration Health Surcharge has increased as of 6 February 2024 from £624 to £1035 per year. Unfortunately, this is a substantial increase and will be multiplied on the basis of the length of the UK entry visa which the applicant is applying for. Now, the Immigration Health Surcharge will be more expensive than the Home Office application fee itself in many circumstances. Another increase could be in force from October 2024, so we would advise clients to apply prior to this date where possible.

read more

UK entry visas – definition of partner

Posted by on Mar 20, 2024 in LEGAL UPDATES | 0 comments

For our clients resident in Italy and worldwide we wish to advise you that there is now the opportunity to apply under the Partner Route to enter into the UK for those who have not cohabited for 2 years “akin to marriage”: Previously, in the UK Immigration Rules (Appendix FM) a ‘partner’ was defined as: Spouse Civil partner Unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years. This meant that unmarried partners who had not cohabited...

read more

Votes for life in 2024

Posted by on Jan 29, 2024 in LEGAL UPDATES | 0 comments

Oliver & Partners were proud to have supported Harry Shindler in his campaign to restore voting rights to the estimated 3.5 million British citizens living abroad.  From 16th January 2024, when the Elections Act 2022 came into force, British citizens living outside the UK for any length of time may now register to vote in UK elections, if they meet one of two conditions: they were previously registered to vote in UK elections, including as an overseas voter, or they were previously resident in the UK before moving to an address...

read more

Divorce payments and cohabitation

Posted by on Jan 29, 2024 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

The Italian Supreme Court has recently ruled in ordinanza No. 35385 of 2023 that the fact of pre-marital cohabitation of the spouses constitutes one of the parameters calculating the divorce allowance. The Court pointed out that pre-marital cohabitation represents “a custom increasingly rooted in the behavior of our society which is accompanied by an increased recognition of de facto ties, understood as family and social formations tending to be of an equal standing of those of marriage.” According to the Supreme Court, therefore,...

read more

Codice fiscale for overseas heirs

Posted by on Jan 3, 2024 in LEGAL UPDATES | 0 comments

The Italian tax office has confirmed, in written opinion no. 407/2023, that an heir to an estate in Italy, resident abroad and without an Italian codice fiscale can in any case be listed as an heir in the declaration of succession. Where the heir has never been issued with a codice fiscale, the only information which must be provided in the declaration of succession is the heir’s relationship to the deceased, their full name, date and place of birth and overseas address. The ruling was made following an application to the Agenzia delle...

read more

Separation and divorce in Italy

Posted by on Oct 1, 2023 in LEGAL UPDATES | 0 comments

As part of the reform of the justice system which came into force this year (Riforma Cartabia),  a new procedure for filing for legal separation and divorce in Italy has been introduced. Up to 2022 a couple would need to have an order from the Italian court for legal separation, before proceeding to a divorce. If the separation was contested by one of the spouses the court proceedings leading to a separation order could take three years or more. An application for divorce could then only be made, by filing a new petition to the court, after a...

read more

Tax and financial planning events in October

Posted by on Sep 28, 2023 in LEGAL UPDATES | 0 comments

We are publicising this interesting event which may be useful for our international clients and owners of property in Italy. Gareth Horsfall, financial advisor of the Spectrum IFA Group, who has been based in Italy for many years, has organised two dates (“Le Tour de Finance”) on which a panel of international guest speakers will  discuss topics in the field of Tax and Financial Planning.  Tuesday 17th October   Castello Semivicoli – Abruzzo Wednesday 18th October 2023  Villa Anitori – Le Marche One of the...

read more

Expiry of UK passports

Posted by on Sep 5, 2023 in LEGAL UPDATES | 0 comments

Many UK passport holders entering EU countries over the summer were turned away at the boarding gate for their flights and were told that their passports were out of date despite the expiry date in their passports being at a future date. Passports that have been issued since Brexit i.e. the new blue passports only have a validity of 10 years. This issue is only in reference to the old red passports that had European Union written on the top. Prior to Brexit, UK passport holders could travel in and out of the EU as long as they held a valid...

read more

What is habitability?

Posted by on Jul 27, 2023 in LEGAL UPDATES | 0 comments

Checking the planning permission status of an Italian property before purchasing is just as important as studying the title or legal ownership history. A Buyer who carries out a proper due diligence review of a residential property in Italy, before committing to a binding contract, should always ask the Agent or the Seller or their surveyor if the property has a certificate of habitability. In Italian this is the certificato di abitabilità also previously known as agibilità. This certificate confirms that the property is fully in line...

read more

New ETIAS travel permit

Posted by on Jul 27, 2023 in LEGAL UPDATES | 0 comments

The European Travel Information and Authorisation System (ETIAS) will be in force from 2024. British citizens and nationals of other third countries/non-EU states, who up until now could enter the Schengen Area without a visa, will be required to obtain this travel authorisation permit before entering Italy and other countries in the Schengen Area for a maximum period of 90 days in any 180 day period. The ETIAS will be a “security screening tool” to confirm identity and assess the security risks of foreign nationals who wish to...

read more

The Local Italy – Italian citizenship

Posted by on Jul 9, 2023 in LEGAL UPDATES | 0 comments

  Solicitor and Avvocato stabilito Aleksandra Broom is quoted in this new article published in The Local Italy. The article discusses applications for the recognition of Italian citizenship via descent from Italian ancestors (ius sanguinis). The Local How to apply for Italian citizenship through ancestry 6 JULY 2023

read more

Delays at the Italian Consulate


Aleksandra Broom was interviewed by the Local Italy on applications for visas and for Italian citizenship. The article considers how the system is frustratingly in deadlock with very long waiting times for an appointment. The situation is dire at the moment, in particular at the Italian Consulate in London which is overwhelmed from applications from British citizens...

read more

EU Succession Regulation and renouncing an inheritance

Posted by on Jun 30, 2023 in SUCCESSION LAW UPDATES | 0 comments

Since the EU Succession Regulation came into force in 2015, its rules on cross-border successions apply to estates of deceased persons whether they were resident in Italy at the time of death or they owned property situated in Italy.  The EU Succession Regulation applies to estates relating to citizens of third countries as well as citizens of EU member states and aims to simplify and clarify the administration of the deceased’s assets, in particular laying down guildelines for determining which country’s law should apply to the...

read more

The Cartabia reform of the Italian legal system

Posted by on Feb 26, 2023 in LEGAL UPDATES | 0 comments

The Cartabia reform (“riforma Cartabia”) is the hottest debated topic of the moment in courts and law firms throughout Italy. The new rules cover both the criminal and civil courts and are due to come into effect from 1st March 2023. Marta Cartabia was the former Minister of Justice in the Mario Draghi government, and was responsible for overseeing the drafting of legal reforms which came into force with the 2022 Legislative Decree (Dgls n. 149 del 10 ottobre 2022).  The two main aims of the reform are to reduce the backlog of...

read more

Selling property “non in regola”

Posted by on Feb 14, 2023 in LEGAL UPDATES, PROPERTY LAW UPDATES | 0 comments

In preparing to sell the ownership rights of Italian real estate property the seller must carry out a thorough initial examination of the layout and planning and building permits. This is strongly recommended at the earliest possible stage, even before a mandate is given to an Estate Agent to market the property, or before negotiations begin with a prospective new owner, and without doubt before the signing of a preliminary contract. This advice applies equally to owners intending to gift the property to family members. The property owner...

read more

Post-Brexit residence questions


The promise made by the UK government to British citizens resident in the EU, that their residence rights would be protected post-Brexit is still a work in progress. A recent review by the British Embassy revealed that only one-third of British citizens resident in Italy has applied for the electronic “carta di soggiorno” from the Questura. This document is optional and not mandatory, however it is strongly recommended. Due to widespread misunderstanding by the Italian authorities about our new unique status as third country...

read more

Our new office

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

On 1st December we moved into new offices near the Rome civil courts in the Prati area, near St Peter’s Basilica, and the Vatican. The office is easily accessible from the Metro A station Ottaviano. OUR NEW ADDRESS: Studio Legale, Via delle Milizie 96, Interno 11, 00192 Rome. Tel: 06 69 40 4910. The legal team at our new office: Avvocato Charlotte Oliver, Solicitor (England and Wales) – Private client, family law, real estate Avvocato stabilito Aleksandra Broom, Solicitor (England and Wales) – UK immigration...

read more

Who is the new Italian Justice Minister?

Posted by on Oct 31, 2022 in LEGAL UPDATES | 0 comments

With ever-increasing backlogs in the Italian courts, and the length of court proceedings, in particular in civil litigation, rendering it virtually impossible for creditors to recoup lost investments in Italy, we take a brief look at the head of the new government’s Ministry of Justice. These are early days and we have yet to see whether a real improvement in the legal system could be on the cards. The new Minster of Justice in the Fratelli d’Italia – Lega – Forza Italia coalition government is 75 year old...

read more


Posted by on Jul 11, 2022 in LEGAL UPDATES | 0 comments

Living and working in Italy is a dream for many, but has always been challenging for non-EU nationals to obtain a work permit or a self-employment visa. The “elective residence” visa offers an alternative means to live in Italy, but is only available to those who can show the availabilty of accommodation in Italy and who have substantial sources of wealth or income (from sources other than from employment) which will enable them to comfortably support themselves. The Italian government recently passed new legislation (Legge n. 55...

read more