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...
Read MoreNew rules – declaration of succession in Italy
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...
Read MoreDNA and inheritance claims in Italy
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...
Read MorePotential Increase in Inheritance Tax in Italy
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...
Read MoreSUCCESSION REGULATION 650/2012 – The UK decision to opt-out
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...
Read MoreSUCCESSION REGULATION 650/2012 – The European Certificate of Succession
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...
Read MoreSUCCESSION REGULATION – Which national law will apply?
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...
Read MoreEU Succession Regulation comes into force in August 2015
The Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, was published with the aim of harmonising rules of succession law in Europe. The UK, Ireland and Denmark have...
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