Seven Years Later, Justice Returns to the Italian “Minor Case”—But Not for Everyone Yet
The United Sections have rejected the restrictive “minor case” interpretation that began in Rome in 2019. The decision (Sez. Un. no. 24045 del 26 luglio 2026) is the result of seven years of challenges by attorneys and descendants who refused to accept that more than a century of citizenship law could be overturned in this […]
Italian Citizenship for Americans: Eligibility Routes, the 2025 Reform, and How to Apply
Italian citizenship for Americans is still achievable in 2026, but the rules changed fundamentally on March 27, 2025, when the decree law 36/2025 converted into Law 74/2025 took effect. If your Italian roots go back three or more generations, the reform directly affects your eligibility. Here is what you need to know before you start […]
The Italian Job Reaches Luxembourg
The Italian Constitutional Court has now issued its procedural order following the hearing of June 9, 2026. In doing so, the Court expressly reaffirmed the conclusions already reached in Judgment No. 63/2026, deposited on April 30, 2026, concerning the compatibility of Decree Law No. 36/2025, later converted into Law No. 74/2025, with the Italian Constitution. […]
Italian Court Confirms Trust Deeds Can Be Recorded Without a Public Notarial Deed
Modena Court rejects a restrictive interpretation of Italian law. This confirms that a trust deed executed as an authenticated private agreement may be recorded in the Italian Land Registry A recent decision from the Court of Modena provides important guidance for international families, trustees, and advisors who use trusts to hold Italian real estate. In […]
Property Acquisition: The Importance of the Purchase Offer
Many prospective property buyers approach the purchase offer as a relatively harmless step in the acquisition process. The common belief is that the real contractual commitments will arise later, when the parties sign the preliminary agreement (contratto preliminare) or the final deed (rogito). As a result, buyers often assume that the only risk associated with […]
A Foreigner’s Guide to Buying Property in Italy
The information in this guide is provided for general informational purposes only and constitutes broad guidelines, not legal advice. Legal advice and representation are provided exclusively through a formal client-attorney relationship and are tailored to your specific circumstances. Non-residents can legally buy property in Italy without establishing residency first. US, British, and Australian citizens all […]
Rushing Citizenship Denials May Only Shift Italy’s Judicial Backlog to the Courts of Appeal
On June 22, 2026, ISTAT (the Italian National Institute of Statistics) published its first comprehensive report on the efficiency of the Italian justice system, analyzing civil and criminal proceedings between 2019 and 2025 in light of the objectives set by Italy’s National Recovery and Resilience Plan (PNRR). The report confirms what many applicants and practitioners […]
Lifetime Gifts and Italian Inheritance: What the Supreme Court’s 2026 Decision Means for Heirs
The Italian Supreme Court‘s recent decision brings renewed attention to one of the most important – and often misunderstood – concepts in Italian inheritance law: collazione. In Order No. 19114 of 11 June 2026, the Court of Cassation reaffirmed a fundamental principle: when an estate is divided among heirs, the obligation to account for certain […]
My Lawyer in Italy Featured as a Leader in Legal Innovation and Cross-Border Law
Italian law is steeped in tradition, but managing it shouldn’t be stuck in the past. We are incredibly proud to announce that My Lawyer in Italy was recently selected for a global case study by Clio, a leading legal technology provider. Out of thousands of international law firms, our team was highlighted for our innovative […]
Affirmed by the Italian Supreme Court: Foreign Charitable Trusts Entitled to Same Tax Benefits as Italian Foundations
In a significant decision for international investors and non-profit organizations, the Italian Supreme Court (Corte di Cassazione) has confirmed that a foreign charitable trust may be entitled to the same favorable tax treatment granted to comparable Italian non-commercial entities. With Judgment No. 16281 of 26 May 2026, the Court held that denying a foreign charitable […]
Italian Court Clarifies Tenant Compensation Claims for Damage to a Rented Property
When a rented property suffers damage caused by a third party, many assume that only the owner can bring a claim for compensation. A recent decision by the Tribunal of Siracusa confirms that this is not always the case. In a judgment issued on 28 April 2026 (No. 881), the Court reaffirmed an important principle […]
Recognition for Excellence in Legal Service to English-Speaking Clients in Italy
My Lawyer in Italy has been named Best Law Practice Business of the Year – Italy by the Global 100 Legal Awards 2026. This recognition reflects more than a milestone for our firm. It reflects our continued commitment to delivering structured, transparent, and culturally fluent legal representation to English-speaking clients navigating the Italian legal system. […]
Landmark Decision Brings More Certainty to Italian Agricultural Inheritance Cases
The Italian Supreme Court, in Order No. 10549/2026 published on 21 April 2026, recently addressed an important issue concerning Italian agrarian and inheritance law, reaffirming significant principles relating to final judicial decisions, succession rights in agrarian reform land, and claims for damages arising from unlawful occupation of property. The Background: Article 7 of Law No. […]
Why Can’t I Sell My Inherited Property in Italy if I’m the Only Surviving Family Member?
“There’s no one else… So why can’t I move forward from abroad?” When our client first reached out from the U.S., the situation seemed straightforward. There was a property in Italy, a family loss, and a clear intention to move forward with a sale. From their perspective, there were no competing interests, no shared management, […]
Should I Accept an Inheritance in Italy… Or Can I Inherit Debt Too?
“I thought I was inheriting assets. No one told me I could inherit liabilities.” She hadn’t heard directly from family. The news came through acquaintances in Italy: her father had passed away. They had never been close. She had lived abroad her entire life, and her connection to him was distant, both personally and geographically. […]
Why Can’t I Sell an Inherited House in Italy If It Was Built Legally?
“Everything was done properly… So why is the sale blocked?” If you are managing a property in Italy from abroad, this situation can feel especially confusing. A relative owned the house for years. It was built properly, with the right approvals in place, and for decades it was simply part of everyday life, unquestioned and […]
Update on the Constitutional Court Hearing of March 11, 2026
As many of our clients know, a crucial hearing took place on March 11, 2026, concerning Italian citizenship by descent. At the time of writing on March 12, the Constitutional Court issued a brief indicating that there are no grounds to consider Article 3-bis unconstitutional, nor to refer the case to the European Court. While […]
Italian Citizenship by Descent: Recognition, Reconciliation, and Implementation
I. Identity Across Legal Systems Italian citizenship by descent is often perceived as a straightforward process: document lineage, obtain recognition, and register the result. In practice, however, the process unfolds at the intersection of two distinct legal systems: the common-law system and the civil-law system. Understanding this structural difference is essential to understanding the challenges […]
Italian Citizenship Event for the Italian-American Community | New York 2026
Casa Belvedere – Staten Island, New York | February 19, 2026 On February 19, 2026, members of Casa Belvedere gathered in Staten Island for an evening dedicated to understanding upcoming legal developments and how they may impact the future of Italian citizenship and what those changes could mean for Americans of Italian descent. Casa Belvedere, […]
The Upcoming Seminar on Italian Citizenship in Light of Legislative Decree D.L. 36/25
We are pleased to be attending a very significant seminar on the topic of citizenship, in light of Decree Law 36/25 titled: Seminar on Legislative Decree D.L. 36/25 on citizenship matters in light of the two referral orders to the Constitutional Court. Event Details This crucial and in-depth session will be held on February 6, […]
Buying an Inherited Property in Italy? Stay Protected
Purchasing a home is a significant step — and it becomes even more delicate when the property originates from an inheritance. The seller can often present themselves as the sole heir of the deceased owner, with a valid succession declaration (“dichiarazione di successione”) in hand. But what happens if, months or even years later, it […]
Important Update on the Citizenship Reform – Constitutional Court Hearing Scheduled
The Italian Constitutional Court has scheduled the hearing on the constitutionality of the March 28, 2025 decree regarding citizenship jure sanguinis for March 11, 2026. This is a significant institutional development. All My Lawyer in Italy clients impacted by the March 28, 2025 decree will receive an email with information relevant to their situation. Clients […]
Damage from a Ruined Vacation: Regulation, Principles, and Case Law Guidelines
Imagining a vacation (or holiday) as an opportunity for leisure and well-being is natural. Free time and travel represent some of the most precious moments in life, where tourists have legitimate expectations of relaxation, enjoyment, and rejuvenation. It is therefore no surprise that Italian law, starting with the legislation on package vacations (Legislative Decree No. […]
Digital Data After Death: A Landmark Decision from the Venice Court
The digital age has transformed nearly every aspect of our lives, including how we manage our personal information, communicate with others, and store memories. Yet an increasingly pressing question remains: what happens to all this digital content after death? The Italian legal system has recently confronted this issue head-on, and a new ruling from the […]
Penalty ≠ Indemnity: What Every Buyer and Seller Must Know
The decision of the Italian Supreme Court (Second Civil Section, ordinance of September 2, 2025) clarified a fundamental distinction in real estate contracts: contractual penalties and occupation indemnities serve different purposes and arise in different circumstances. The Background of the Case In this case, a company entered into a preliminary contract to purchase a property […]
Medical Liability and The Gelli-Bianco Law: A Legal Framework
1. What Is the Gelli-Bianco Law and Why Was It Enacted? In 2017, Italy passed a major healthcare reform: Law No. 24/2017, known as the Gelli-Bianco Law, after its sponsors. The main goal was twofold: on one hand, to reduce defensive medicine, the tendency of doctors to prescribe unnecessary tests or treatments just to avoid […]
More Clarity on Cross-Border Successions from the Italian Supreme Court
On January 23, 2025, the Italian Supreme Court (Corte di Cassazione, Second Civil Section) issued decision no. 1632, a ruling that clarifies key aspects of cross-border successions, or inheritance, disputes. The case involved a contested will, questions of mental capacity, the sale of inherited property, and – most importantly – the complex intersection of Italian […]
Italian Supreme Court: Ownership of Burdensome Property Can Now be Renounced
In a key ruling (Cass. Sez. Unite Civ., no. 23093 – 11 Aug 2025), the Italian Supreme Court confirmed that property owners in Italy can lawfully renounce ownership of real estate that is only a financial burden. This includes: buildings with no market value, land in dangerous areas (e.g. landslides), properties generating only taxes and […]
The Latest Insights from Italy’s Supreme Court on Declarations of Succession and Tacit Acceptance of Inheritance
The Italian Supreme Court, Second Civil Section has once again addressed a delicate point of inheritance law: whether the mere filing of a declaration of succession amounts to tacit acceptance of inheritance. With its ruling no. 5474 of 23 January 2025, the Court clarified the boundaries of this principle, providing useful guidance for heirs, practitioners, […]
Unlawful Occupation of Property: Compensation Is Always Owed
On 4 September 2025, the Second Civil Section of the Court of Varese issued a ruling that reaffirms a key principle of Italian property law: the unlawful occupation of a property – in other words, staying in a property without a legal right or valid title – automatically generates damages, even if the owner cannot […]