Italian law allows for two main scenarios regarding the division of an inheritance (Articles 713-736 of the Italian Civil Code): Division Process The division process can be either: Court-ordered Division The judge will propose a division plan (Art. 785 Italian Code of Civil Procedure). If everyone agrees, the division is executed. If there is any […]
Autore: Arturo Grasso
I have a passion for helping people and from an early age wanted to become an attorney. My experience in international business has helped to prepare me for working with people of all kinds and on many different levels. I love being a problem solver and look forward to each new challenge.
I respect the law and strive to help my clients achieve the justice that our legal system affords each person. I take great pride in helping people do what is right and just.
I founded My Lawyer in Italy and put together a group of high quality specialists and associates to serve the legal needs of our community here and abroad. I want to do the very best for my clients and see that as my first priority.
The Evolving Landscape of Wills in Italy: Key Roles and Recent Legal Developments
In Italy, where only about 10% of inheritances are executed through a will, understanding the nuances of testamentary practices is crucial. Each type of will has specific protocols, and recent legal developments have emphasized the roles of attorneys and notaries. The Personal Holographic (Handwritten) Will: Entrusting an Attorney The holographic will, entirely handwritten by the […]
Testamentary trust: an irrevocable tool to protect your properties and assets in Italy
A testamentary trust is a legal tool created in a person’s Last Will and Testament to specify how one’s assets will be distributed to specific beneficiaries. Contrary to a living trust, it comes into effect after one’s death. A testamentary trust involves three main parties: Benefits of a testamentary trust A testamentary trust is an […]
Testamentary trust: assets in Italy transfer to the trustee without paying inheritance taxes
A Testamentary Trust is created in accordance with the instructions in a person’s Last Will and Testament. Differently from a living trust, the testamentary trust starts having effect after the settlor’s death, and so is the trustee appointed. A testamentary trust can be a good way to leave assets to a specific loved one (usually […]
Dual citizenship: the benefits of an Italian passport
Italian Dual Citizenship is the first step to securing your Italian passport. Despite the citizenship process being complex and confusing, there are so many benefits to getting this highly sought-after identity document, that the wait will be worth it. The Italian passport is one of the strongest identity documents in the world. It will give […]
Dual Citizenship proceedings: brief, remote or in-person hearings
As of June 22, 2022, proceedings for the establishment of Italian dual citizenship must be submitted to the District Court where the Court of Appeal of reference for the ancestors’ native town is located, rather than to the Court of Rome (art. 36 law 207/2021) (watch our VIDEO: “How to find your Court of reference” […]
Dual Italian Citizenship: Do I need my parents to apply?
MY LAWYER IN ITALY® helps individuals apply for their Italian dual citizenship day in, day out – with or without their parents’ involvement. Questions such as: MY LAWYER IN ITALY® has led the victories in Court of hundreds of American families who have regained their Italian citizenship. As a result, Italy usually welcomes back not […]
New Citizenship Legislation: Court Cases vs. Comune Applications
Does this new legislation affect only Court Cases (1948 cases) or citizenship applications submitted to an Italian Comune too? Citizenship at Comune The new court legislation only affects court cases. Proceedings already submitted will be discussed in Court in front of a judge. This does not affect foreigners applying for citizenship at an Italian Comune. […]
Italian Dual Citizenship: Who is eligible?
There are many benefits and advantages; however, proof of Italian parentage and ancestry are always required. Each petitioner must demonstrate that his/her ancestors have passed their Italian citizenship and bloodline from generation to generation. MY LAWYER IN ITALY® will not only assist you throughout the whole process but also assign a dedicated Italian English-speaking attorney […]
US/Italian Dual Citizenship in Italian Courts: Paperwork Misspellings
Beware! Many applications have been blocked or rejected by Consulates. One of the most common reasons to dismiss a case is because the applicant’s documentation contains paperwork misspellings or name changes. An example is the immigrant’s name at birth was Giovanni but went by Joseph in the U.S. Other issues that may lead to rejection […]
Trust or Trustee? Registering the title of real property in Italy
There have been several decisions in Italian courts on this issue, originating from requests made to the District Registrars that maintain records in the Land and Building Register (Conservatoria dei Registri Immobiliari)[1]. On the contrary, other Courts have ruled the trust has enough legal individuality to hold property[2], and therefore a house can be registered […]
The Minor Case: which Italian Dual Citizenship petitions are getting rejected?
The word Minor Case in Italian Citizenship has been long used to mean that if an Italian father naturalized after his child was born, though still a minor, that child retained Italian Citizenship. This legal argument is based on the Consulate practice to take Italian Citizenship applications. This practice derives from a precedent set by […]
Italian American Dual Citizenship: the most common problems and how to overcome them
One way of acquiring Italian American dual citizenship is by descent, meaning petitioners will need to identify their most recent ancestor born in Italy and work backwards from there. After searching for and collecting all the necessary documents, the pathway to citizenship goes through the local Italian Consulate in the United States. Many cases for […]
A Mock Case of Cross-Border Inheritance
The complexity of legal issues that arise when deciding which judge has jurisdiction and which law is applicable in a cross-border succession case might be better understood by looking at a detailed, albeit made- up, example of one. For our mock case, let us imagine a California-based married couple in which the husband is an […]
A New Approach to 1948 Cases by the Court of Rome
This post was updated in January 2020 as a result of decisions handed down by the Rome Court of Appeal, which have consequently made this post outdated. Please read the new post here… While the Court of Rome did seem to uphold the principle formulated by the Italian Supreme Court of Cassation in 2011 (i.e. […]
Italian Dual Citizenship Benefits
– The Minor Case: which Italian Dual Citizenship petitions are getting rejected? If you need any help, feel free to contact us at: +3906-9294-6085 (Global)
Italian dual Citizenship and Last Name Issues
How to keep last name if you become an Italian dual citizen. Changing a surname in Italy has long been a difficult process, with the default position being that one’s surname at birth is fixed and unchangeable. Furthermore, according to Italian law children are to be given the surname of the father, although recently a […]
Italy’s Supreme Court vs. US Supreme Court
Italy’s Court of Cassation and the Supreme Court of the United States: How do these highest courts in the land match up? On the most fundamental level, the differences that exist between the highest courts of Italy and the United States reflect their respective legal systems; Italy based on a civil law system and the […]
Prenot@Mi: Unavailable dates for an appointment.
What to do when your local consulate has no appointment dates available. But what if there is no booking receipt, like when the “Prenot@Mi” does not show any available dates? The case that was recently brought before the Court of Rome dealt with an individual of Italian descent who was not able to book an […]
How Precedents in Italian Law Work
When considering the substantial differences that exist between the “case law” of a common law court decision or the “precedent” of an Italian court, it is instructive to examine how the differing courts function. A common law court relies on existing precedents for decisions, but may alter or diverge from precedents which are outdated or […]
Acceptance of Inheritance in Italy and the Ten-Year Rule
A notable case involving the acceptance of inheritance in the Italian legal system unfolded in 1998 when the will of a man who had died in 1983 was discovered 15 years later (Court of Cassation, II Civil Section, sentence of January 18, 2013 n. 264). The will named a sole heir who had been previously […]
Italian Public Notary vs. US Notary
An Italian public notary, or notaio, is a public officer who operates in every area of law and is empowered by the Italian State to draft or authenticate documents, agreements or contracts. Unlike a lawyer representing the interests of a client, a notary places neutrality and fidelity to the law above all. As officers vested […]
Property Claims, Restitution and Inheritance
A recent case involving an inheritance property claim in Italy transpired last year when two brothers sued for ownership of a wine cellar which was being occupied without a property title. Their argument was that the property was part of their inheritance and that they were being unlawfully denied an asset. – Tony Soprano’s Will: Italian […]
Collation of donations made by the deceased in their lifetime
Collation of donations made by the deceased in their lifetime In the course of dividing up an estate, a process of inheritance restructuring known as collation may be requested by one of the participants. Collation adjusts the inheritance of certain descendants (forced heirs) based on the benefits received from the deceased in his or her […]
Italy’s Constitutional Court
The Constitutional Court of the Italian Republic, or Consulta, is Italy’s highest court regarding matters of constitutional law. In keeping with the framers’ notion of a “rigid” constitution and a centralized system, the court was designed as an ad hoc organ for constitutional justice separate from the judiciary. The court resolves controversies on the constitutional […]