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Inheritance Division in Italian Law

Italian law allows for two main scenarios regarding the division of an inheritance (Articles 713-736 of the Italian Civil Code):

  1. Division by Will: if the deceased has a will that specifies how the estate should be divided, their wishes are followed.
  2. Division by Heirs: if there is no will, things become more complex:
    • Acceptance and Joint Ownership: heirs must first accept the inheritance, becoming joint owners (“comunione ereditaria”).
    • Tax Payment and Division Choice: after inheritance taxes are paid, heirs can choose to:
      • Remain in Joint Ownership: maintain the property as shared ownership.
      • Divide the Estate: split the assets amongs themselves.

Division Process

The division process can be either:

  • Agreed upon: heirs reach an agreeent on how to divide the assets. This agreement must be signed by all heirs in writing and notarized.
  • Requested by a Judge: if an agreement cannot be reached, any heir can request the court to intervene.

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 disagreement on the plan, the judge will manage these arguments and issue a final decision.

Division Scenarios

  • Phisical Division: if the assets can be physically divided (e.g. land parcels), the judge’s decision will be implemented.
  • Sale and Distribution: if physical division is not possible (e.g. a single house), the property will be auctioned (Art. 720 Civil Code). Proceeds will then be distributed to the heirs based on their legale inheritance shares.

Key points

  • Wills provide clarity on inheritance division.
  • Without a will, heirs become joint owners and decide on division of the inheritance after taxes have been paid.
  • Division of the inheritance can be agreed upon or requested through the court.
  • Judges propose plans, decide on disagreements, and rule on the final division.
  • Physical division is preferred, but sale and distribution can occur if necessary.

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 testator, is one of the most personal forms of wills in Italy. It must be dated and signed by the individual. While the will can be kept by a friend or a public notary, entrusting it to an attorney offers significant advantages. An attorney can act as the executor, ensuring that the will is not only safe but also that its directives are faithfully executed according to the testator’s wishes, providing invaluable peace of mind.

Thanks to the client-attorney relationship built during the making of the will, and the process through which information is received and kept by the attorney (regarding all heirs), there is no risk of the will being lost accidentally or intentionally (the latter being a criminal act). The attorney will ensure that all heirs named in the will are informed of the passing of the testator, and their last wishes as per their will.

The Notarial Will: Formalities and Confidentiality

When a holographic (handwritten) will is entrusted to a notary, it involves specific formalities. The testator must seal the will before handing it over to the notary, who then certifies its receipt, records its existence, and ensures its confidentiality until the testator’s death. This process guarantees the authenticity and security of the will.

The Notarial Dictation Will: Recent Court Ruling

A recent ruling by the Italian Supreme Court has changed the process of creating a notarial dictation will. In this method, the testator verbally communicates their wishes to a notary, who drafts the will in the presence of two witnesses. The new ruling stipulates that if the notary drafts the will outside the witnesses’ presence, they must then ask the testator to restate their wishes in front of the witnesses before all parties sign the document. This additional step is a measure to ensure the transparency and authenticity of the will, aligning with the principle that the testament should reflect the true intentions of the testator. (Cassazione, Ordinance n. 30221 of October 31, 2023).

The landscape of drafting and executing wills in Italy is intricate, with each type of will having distinct protocols and significance. The recent ruling on notarial dictation wills by the Italian Supreme Court underscores the ongoing evolution of legal practices in testamentary matters. Whether opting for the intimacy of a holographic will or the formal structure of a notarial will, it’s crucial to understand these legal nuances to ensure that your final wishes are honored and legally binding in Italy.

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:

  1. Settler (also known as a grantor, donor, trust maker) – the person creating the trust.
  2. Trustee – the person who manages the assets before they are subsequently distributed to the beneficiary.
  3. Beneficiary – the person who will come into possession of the assets once the trust comes into effect.

Benefits of a testamentary trust

A testamentary trust is an essential tool for those who want to protect their estate and assets and distribute them according to their wishes.

This kind of trust has several benefits, among which:

  1. Tax benefits – it does not require the beneficiary to pay succession taxes. For instance, if the trustee and the heir happen to be the same person and inherit assets in Italy, they are not required to pay succession taxes on said assets.
  2. No transfer fees – usually, a testamentary trust does not require the parties involved to pay any fees during the transfer of assets from the settler to the trustee.
  3. Property/asset protection – this trust grants the protection of the grantor’s assets after death.

Let’s examine this last point in more detail below.

A mock case on the protection of assets in Italy

Let’s simulate a case to understand the essential role of a testamentary trust in one’s distribution of properties and assets after death.

Michael and Mary are married with two children and joint properties and assets. They also share a home in Italy.

Michael dies.

  1. With a standard will, Mary (being Michael’s wife) owns everything – including the Italian house. However, if Mary remarries and leaves a new will, she can exclude from it the children from her previous marriage. In this case, the entire estate could go to her new spouse if she dies or goes through a divorce. In this case, Michael and Mary’s children might not inherit anything.
  2. With a testamentary trust, Michael may leave 50% of assets to Mary. The other 50% can be protected by the trust. Michael could decide to put the Italian house in the testamentary trust, ensuring tax benefits and protection of assets at the same time. In this case, if Mary remarries and dies, only 50% might pass to the new spouse. Michael and Mary’s children will be sure to inherit at least 50% of the assets and properties.

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 a spouse). It will also ensure assets are only distributed to the beneficiaries upon the trustee’s death.

However, what happens if the testamentary trust includes properties in Italy?

And, what if the trustee is also the legitimate heir, and therefore required to pay taxes in Italy?

Testamentary Trust and Italian Inheritance Tax Law: No succession taxes for the spouse/trustee

In this case study, an American citizen placed his estate in a testamentary trust in the United States. He appointed his wife as trustee. The trust included real properties in Italy.

According to Italian inheritance law however, the wife was also a legitimate heir to her husband’s estate. As such, she would be required to pay inheritance taxes on her share of real properties in Italy.

This issue has been long debated with the Italian IRS (Agenzia delle Entrate) and was ultimately resolved in favor of the trustee/heir: inheritance taxes are not due, as long as the trust is operating and are due only when assets are distributed to the final beneficiaries.

However, the additional complication in such a case lies in the fact that in Italy, the trust does not hold real property to its name, but in the name of the trustee. Consequently, there is confusion between the trustee’s name and heir’s name.

At the end, the case was concluded with real properties put in the name of the trustee (wife of the deceased) without paying inheritance taxes. She will manage the estate, also to her benefit, and the assets will be distributed upon her death.

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 you freedom of movement across the European Union (EU), removing border control in the Schengen area, and allowing its holders to move with relative freedom in over 150 countries.

ITALIAN DUAL CITIZENSHIP AND PASSPORT: CITIZENSHIP OF ITALY AND EUROPE

In addition to free movement, an Italian passport allows you to live, retire, work and study in Italy and across the European Union (EU).

You will also have access to Italian and European healthcare and education systems. You will gain the right to vote in local, national, and European elections. In addition, if you are a dual Italian American citizen, you will have tax benefits, because dual citizenship does not translate into paying double taxes.

MY LAWYER IN ITALY®’s team of qualified and experienced professionals will guide you with expert advice. We will streamline both your Italian dual citizenship and Italian passport applications. You will have a dedicated, experienced legal professional handling your individual case and you will speak directly to an attorney who can provide the necessary Italian citizenship assistance required to reach your goal.

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Trust law: definition, subjects, and how to establish a trust

Trust law defines a trust as a juridical instrument by which one person (settlor) transfers the legal title of assets, after the death or with an inter vivos deed, to another person (trustee), in the interest of a beneficiary or for a specific purpose.

Italian law recognizes three types of trust:

  1. Trust established abroad: this type of trust can be established with a testament (will) or with an inter vivos deed by foreign citizens.
  2. Trust established in Italy regarding foreign assets: this type of trust is established by Italian citizens with assets in a foreign country.
  3. Trust established by foreign citizens regarding assets in Italy.

Trust law: categories of trust

According to trust law, a trust can be:

  • Autodestinato (self-destined): when the settlor and the beneficiary are the same person. The trust is therefore established for one’s own benefit.
  • Autodichiarato (self-declared): when the settlor and trustee are the same person.

If you are looking for legal advice related to this topic, please email us: inquiry@mylawyerinitaly.com.

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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” to find out more information related to this topic).

The legislation has changed the way Italian lawyers manage their cases and appear before judges to discuss their client’s petition for the recognition of Italian dual citizenship.

Citizenship by descent: Italian lawyers and judges

Before Covid-19, Italian lawyers went to court in person to present their client’s case in front of a Judge. During the health emergency, all judicial proceedings were managed remotely.

With the end of the medical crisis and responsibility for citizenship-by-descent proceedings shifting from the Court of Rome to the local courts in Italy, what is the current approach of judges regarding dual citizenship proceedings?

The decision whether or not to let lawyers appear in court to discuss their clients’ cases is entirely up to Italian judges. However, there seems to be a common approach.

Judges accept the vast majority of proceedings through briefs. This means that Italian lawyers submit a document presenting their client’s case, reiterating the claims filed with the appeal a few days before the hearing.

For the remaining situations, a small fraction, Italian judges can take two different decisions. Either they decide to discuss the case remotely or they ask the attorney to appear in person in the local courts where their clients’ ancestors were born.

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Power of Attorney: Can a lawyer go to court without it?

Pursuant to Italian law, art. 83 c.p.c., a person must appoint a lawyer to be represented in civil proceedings. Attorneys can speak and act on behalf of their clients through the Power of Attorney.

What happens if there is no Power of Attorney?

Attorneys and Power of Attorney: before and after the Cartabia reform (February 28, 2023)

In the judgement of December 21, 2022, § 37434 (as per art. 182 c.p.c.) the Italian Supreme Court established that a Power of Attorney must be in place from the beginning of a civil proceeding to let attorneys speak and act on behalf of their clients.

In that specific case, the Supreme Court approved a judge’s decision to consider illegitimate the claim of a defendant lacking in Power of Attorney (i.e., not represented by an attorney). The judge also accepted the other party’s claims and ordered the defendant to pay the legal fees for the dispute.

However, art. 182 c.p.c. has recently been amended by the d.lgs. 149/2022, c.d. Cartabia Reform, which came into force on February 28, 2023. Pursuant to this new regulation, the lack of a Power of Attorney can be rectified in the middle of civil proceedings, with the judge deciding on a period within which to do so.

As this new regulation is not retroactive, there is now a gap between the cases filed after February 28, 2023, and those filed before that date, to which the law will apply in its prior wording.

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Court fee changes: how much will you pay for civil procedures (dual citizenship)?

From March 1st, 2023, court fees will change due to an amendment in Italian law. This amendment relates civil procedures referred to in D. Lgs. # 149/2022 (Cartabia reform and law # 197/2022).

How much will people filing to Court have to pay for civil procedures?

Civil cases: summary and simplified procedures

Up to now, appeals have been filed pursuant to art. 702 bis C.P.C. as declaratory summary proceedings. Court or filing fees for these kinds of procedures were €250,00 plus a flat cost of €27,00.

With the approval of the Cartabia reform and law # 197/2022, from March 1st, 2023, declaratory summary proceedings will be replaced by simplified procedures as per art. 281 decies and ss C.P.C.

According to the Court of Bologna, court fees for these simplified procedures are due in “full measure”, amounting to €518,00 of filing fees plus a flat cost of €27,00 for administrative court expenses.

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No-appointment cases: do local courts in Italy accept dual citizenship applications from people who have not been able to book on Prenot@mi?

From June 22, 2022, all proceedings regarding Italian dual citizenship must be submitted to the local court in Italy where the ancestors were born, rather than to the Court of Rome.

This change in legislation has raised doubts about how local courts will rule on issues that are new to them, whilst familiar to the Judges of the Court of Rome.

One such issue is the difficulty for people of Italian descent to book an appointment with an Italian Consulate through the Prenot@mi online system.

Prenot@mi online system: Court of Rome and Local Courts of Italy

Cases for Italian citizenship by descent can only be brought before a court if the Italian Consulate has rejected the case or does not make a decision within two years.

However, after a precedent set by MY LAWYER IN ITALY® in 2018 with a client unable to book an appointment at the Consulate of San Francisco through the Prenot@mi system, the Judges of the Court of Rome started accepting this kind of case.

With the shift of power to the judges of the local courts of Italy, will the approach remain the same or will judges start rejecting no appointment cases? The first decisions taken by district courts in Italy show a willingness to accept dual citizenship cases where American citizens failed to book an appointment through the Prenot@mi online system.

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Joint bank accounts: what happens when one of the account holders dies?

According to Italian law, a bank account can be either personal or joint (shared by two or several individuals). A joint bank account presumes joint ownership of the money held in the account.

What happens if one of the joint account holders dies?

The withdrawal of money from the joint bank account, after one of the joint holders’ death, is often a cause of disputes between heirs.

Joint bank accounts: three different signatures

Following the death of one of the joint account holders and the withdrawal of money from the same joint bank account, disputes between heirs may arise.

Cases vary, depending on the signature permissions with which the joint bank account was opened:

  1. Joint signature (“firma congiunta”): all transactions must be authorized by each holder. If one of the holders dies, the bank account is blocked until the bank has identified the heirs and shares to be distributed.
  2. Single signature (“firma disgiunta”): in this case, the surviving joint holders can perform all the transactions independently. These transactions must not exceed the amounts of money that are presumed to be in their possession. The presumption of joint ownership can be overcome by one of the other joint holders, if they can demonstrate the funds in the joint account belong only to them.
  3. A combination of the two (“misto”): Transactions below a specified threshold can be carried out without the authorization of the other joint holders. If the same transactions exceed said limit, the consent of the other joint holders is necessary.

If you are looking for more information related to this topic, please email us: inquiry@mylawyerinitaly.com.

Real estate and property: Breach of preliminary sale contract

According to Italian law, a preliminary sale contract is one in which a buyer and a seller enter into a final sale agreement with each other (for the purchase of a property, for example). The deed must be in writing under penalty of nullity as per art. 1351 c.c. and must contain the object and price of the sale. 

It is possible that either party may default on the preliminary sale contract and decide not to move forward with the agreement.

In this case, Italian law allows 2 different situations, whether or not there is a deposit. A deposit is an amount of money that a part gives to the other at the end of the preliminary contract as a guarantee.

Breach of preliminary sale contract: with or without deposit

In case of a deposit, Italian law allows the right of withdrawal, as per art. 1385 c.c. The deposit serves as both confirmation and advance of the activity; in case of non-compliance, the deposit could be used as indemnification.

Without a deposit, Italian law allows 2 options:

1. Request of execution in specific form: the party that wants to proceed with the sale may appeal to a Judge for a court order to enforce the unfinished contract.

2. Termination of the contract and damages claim: the party that agrees to proceed with the deed may request the termination of the preliminary contract and damages claim, as per art. 1453 c.c.

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Gina Lollobrigida: the Italian actress’s will and inheritance

On January 16, 2023, the iconic Italian actress Gina Lollobrigida died at 95 years of age. A few days later the notary Dott.ssa Barbara Franceschini opened Lollobrigida’s will, to the amount of nearly 10 million euros. The will was to be divided between the late actress’s heirs and legatees: her son, Andrea Milko Skofic, and the factotum, Andrea Piazzolla.

Italian inheritance law: succession and reserved share

Gina Lollobrigida, the Italian actress known as “La Bersagliera”, died at 95 years of age on January 16, 2023. According to her will, Lollobrigida’s inheritance has been divided between her son, Andrea Milko Skofic, and her former secretary and factotum, Andrea Piazzolla.

However, according to Andrea Piazzolla’s lawyer, the late actress did not want to admit Skofic into the testament, due to conflicts they had had in their difficult relationship. Lollobrigida consulted Attorney Ingroia some time before her death, to find a way to exclude her son from the inheritance.

So, why did Lollobrigida eventually allow him in her will?

Italian inheritance law – unlike American – does not allow citizens to leave their inheritance to anyone of their choice. The law requires a reserved share. This means that a part of the inheritance must be left to the spouse and possible children (the principle of forced heirship). That is why Gina Lollobrigida, despite wanting to act otherwise, admitted Skofic into her will.

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Local Courts in Italy: Dual citizenship success in Bari

On December 23, 2022, MY LAWYER IN ITALY® won an Italian dual citizenship case before the Local Court of Bari. Italian judges ruled in favor of our clients and recognized their Italian citizenship despite some small discrepancies in their documentation.

This result is a real boost for future hearings in local courts in Italy. Since June 22nd 2022, all Italian dual citizenship proceedings must be submitted before local courts, not the Court of Rome.

Dual citizenship hearing: how the judges ruled in Bari

The new legislation about Italian dual citizenship is so recent that it isn’t possible to identify trends in Italian judges’ decisions. However, the victory ruled in favor of MY LAWYER IN ITALY® clients is even greater, given that the submitted documentation had discrepancies – both in the names and surnames of the petitioners’ Italian ancestors.

Discrepancies are a common problem in dual citizenship documents due to the habit of Americanizing Italian names in the U.S. Despite these discrepancies, MY LAWYER IN ITALY® attorneys won the case and helped their clients claim their citizenship.

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Inheritance and succession: how to become a legitimate heir

Are you unsure of what qualifies as a “legitimate heir” in an Italian inheritance? With the order of October 19, 2022 n. 30761, the Italian Court of Cassation ruled on whether paying inheritance taxes automatically implies heirship, or if more must be done.

In the above-mentioned case, the applicants were considered legitimate heirs after the sole declaration of succession.

Inheritance controversy: status of legitimate heir

The Court of Cassation with the order n. 30761/2022 ruled that the status of legitimate heir does not solely depend on paying inheritance taxes.

The only way to become a legitimate heir is the formal acceptance of the estate. Acceptance can be express, such as by filing an application to transfer the real estate to the heir’s name, or implicit. Taking formal possession of the property of the deceased is an example of implicit acceptance.

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Dual Citizenship: first hearing dates in the local courts of Italy

Since June 22, 2022, Italian dual citizenship applications must be submitted to the local courts of Italy, rather than the Court of Rome. 

One of the motivations for the reform is to make the judicial system operate more quickly. The shift to the local courts will reduce the burden on the Court of Rome, where all citizenship cases were heard up to June 2022.

Hearing date: calendar and wait time

Since then, it has been necessary to file dual citizenship cases in the local court “that covers the jurisdiction of the Italian father, mother or ancestor’s municipality”.

Hearings have already been held and some decisions already taken. However, many other petitioners and Italian lawyers are waiting for the release of their hearing dates.

Patience will still be needed as the wait time is getting longer in some areas. This is probably because local judges are ruling on an increasing number of cases. Some of the larger local courts, like Naples, have their first hearings at the end of 2024. 

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Courts of Italy: how judges approach documentation discrepancies

On June 22, 2022 a new legislation regarding Italian Dual Citizenship has been introduced. To date, applications to get Italian Citizenship must be submitted to the District Court of the town where the Italian ancestors were born, and not to the Court of Rome.

This change in the way American citizens with Italian ancestors can claim their Citizenship is raising many questions between applicants and legislators.

Discrepancies and misspellings: how Local Courts take decisions

After the introduction of the new legislation regarding Italian Dual Citizenship the Court of Rome is not in charge to take decisions about applications anymore. Every problem concerning Italian Citizenship acquisition processes must be addressed by the Local Courts of Italy.

One of the many problems can be the discover of discrepancies and misspellings in the applicants documentations. Which is the approach of the Courts of Italy with respect of this kind of issue?

The decisions taken in this regard are still too few to draw a common line between the 26 Courts of Italy. However, in October 2022 the Court of Turin rejected an Italian Dual Citizenship application due to a consistent discrepancy in a vital certification. Since it is still a single case, we hope that with time a common conduct will be established, going in a different direction. 

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The Minor Case: the approach of Local Courts of Italy

In Italian dual citizenship, a case is a Minor Case if an Italian parent naturalized after his/her child was born. Though the child was a minor, they lost their Italian citizenship.

This kind of ruling began in 2019, when the Judges of the Court of Rome stated that in cases where the ancestors naturalized while the child was a minor, the minor lost Italian citizenship aswell. Since then, all Judges of Rome rejected every case of this type.

Italian Dual Citizenship: new legislation and the Courts of Italy

From June 22, 2022, all proceedings regarding dual citizenship by descent no longer pass through the Court of Rome. They must instead be submitted to the District Court of the Italian town where the ancestors were born.

This new legislation could drastically change Judges’ approaches towards Minor Cases. At the Court of Rome the rejection in the event of a Minor Case was certain. On appeal, cases had a 50% success rate.

Now, the Local Courts of Italy must establish their own approach towards Minor Cases. Will they follow Court of Rome Judges’ decision-making or will they rule positively with regard to Minor Cases, in the same way as the Consulates?

We expect it will take a couple of years to know the approach of most of the 26 courts dealing with dual citizenship cases.

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Sale of inheritance assets: When the consent of a Judge is necessary

Heirs can freely dispose of the assets they inherited through a succession. However, there are cases where the consent of a Judge is necessary; i.e. the consent of the Court of the last domicile of the deceased.

A Judge’s consent is necessary when heirs accept an inheritance with the benefit of inventory (art. 484 c.c. e 747 c.p.c). This provides the heirs protection if the inheritance included several debts, because it allows them to pay solely with the estate of the deceased and not  their own resources (art. 490 c.c.).

Heirs who accept an inheritance with the benefit of inventory are required to ask the consent of a Judge before proceeding with a sale. Any violation of this obligation implies the revocation of the benefit of inventory, with the result that the heirs become liable for the deceased’s debts.

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American citizens living in Italy: How to buy a second home in the Peninsula

Many American citizens love to visit Italy – whether on vacation, or to pursue the idea of buying their second home.

The historical charm, quality of life and good food in our beautiful country are not the only things that draw Americans to Italy. Low prices and competitive interest rates have made buying a second home in Italy – even a luxury one – a good deal.

Italian Inheritance and Real Estate

To date, MY LAWYER IN ITALY® has helped American citizens inherit assets and properties in Italy they sometimes didn’t even know existed. Our team assisted them through the whole succession process, from drafting an Italian will to the sale or transfer of assets.

There are also many Americans who wish to buy a home in Italy without being heirs in the country.

MY LAWYER IN ITALY® can help you through the whole process of searching and buying real estate, and can do it remotely if you are unable to visit (or as often as you’d like).

MY LAWYER IN ITALY® is ready to help you, whether you are an heir and need to inherit assets and properties in Italy, or wish to buy a second home in the country.

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A.I.R.E. – Registry of Italian Dual Citizens Abroad

A.I.R.E is an acronym that stands for Anagrafe degli Italiani Residente all’Estero (Registry of Italians Residing Abroad). A.I.R.E was introduced by law in 1988 to help Italian citizens stay in contact with their government whilst not living in Italy.

Dual Italian Citizenship: who needs to register with A.I.R.E?

Registration with A.I.R.E is a mandatory requirement for any Italian citizen who plans to live abroad. You will need to submit an application in two cases:

1. If you are born in Italy and plan to live in another country for more than 12 months;

2. If you have acquired Italian dual citizenship jure sanguinis as our client – meaning you have Italian-born ancestors in your blood lineage – and do not live in Italy, we will request copies of your Italian certificates from the issuing authority and send them to you immediately. When you have them, you can register with A.I.R.E at your Italian Consulate and apply for your Italian passport from there.

MY LAWYER IN ITALY® helps many new Italian dual citizens register to A.I.R.E to give them access to Italian Government services and apply for Italian passports.

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Italian inheritance: who has to certify the death of an American citizen with estate in Italy?

A formal proof of death is the first requirement that has to be met when a person dies and an inheritance is involved. The standard way to certify a death is through a death certificate.

But what happens when an American citizen (not a dual citizen) dies and leaves an estate and assets in Italy?

Death certification: U.S. Consulate and Agenzia delle Entrate

When an American citizen dies with assets located in Italy, a process must be carried out for heirs to inherit.

The first and foremost requirement is a formal proof of death: usually a death certificate. But who needs to provide this?

The executor has to notify the U.S. Consul of the death and ask for it to be certified. It is then up to the U.S. Consulate to report the death of an American, with assets or real estate properties in Italy, to the Italian Agenzia delle Entrate, the fiscal institution that governs and advises on tax affairs.

MY LAWYER IN ITALY® supports inheritance clients through the whole process, from the discovery of an Italian will to the transfer or liquidation of assets.

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Dual Italian Citizenship: Courts start ruling after new citizenship legislation

On June 22, 2022, new legislation regarding Citizenship by Descent became effective (art. 36 law 206/2021).

Proceedings for the establishment of Italian citizenship must now be submitted to the District Court where the Court of Appeal of reference for the ancestors’ native town is located.

Court of Venice: the first decision after the new legislation

The Court of Venice has been the quickest to make a decision, in mid-September, after the introduction of the new legislation

The Italian Judges ruled in favor of a group of South American citizens with Italian-born ancestors and granted them Italian dual citizenship.

So, despite the many changes within Italian citizenship and the legal system overall, judges and courts in Italy continue to grant citizenship. Likewise, MY LAWYER IN ITALY® keeps helping its clients return to the land of their ancestors.

Do you qualify for Italian dual citizenship? We provide a free assessment to find out if you are eligible. 

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Dual Italian Citizenship: Registering additional petitioners

Italian dual citizenship has become a dream for many American citizens with Italian-born ancestors. One of the best things about reconnecting with your roots is the chance to share this with your family members.

When applying for Italian dual citizenship, it’s best to turn to an Italian firm that knows how to navigate Italy’s complex legal system. MY LAWYER IN ITALY® will assist you throughout the process, from your first free consultation to filing your case to the court and helping you with A.I.R.E. registration once citizenship is granted.

Additional petitioners: Register before filing to the Court

When someone applying for Italian dual citizenship works with an Italian lawyer or law firm, they must sign a POA – Power of Attorney – to let the counselor act on their behalf. Everyone that signs a POA is considered a petitioner in the citizenship proceedings.

It is never too late to add more additional petitioners before filing the case to the court. MY LAWYER IN ITALY® will help you and all petitioners and family members to claim your Italian dual citizenship. Thanks to your Italian-born ancestors not only will you reconnect with your roots, but also give a beautiful gift to your additional petitioners.

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Dual Italian Citizenship: How to get your B1 Language Certificate

There are different ways to apply for dual Italian citizenship. The first one is Jure Sanguinis, through which you must have Italian-born ancestors in your blood lineage. The other route to dual citizenship is Jure Matrimonii, by marriage to an Italian. One of the requirements of the latter is that spouses of an Italian citizen get a B1 Italian Language Certificate.

B1 Language Certificate: What is it?

A B1 Language Certificate demonstrates that you have an intermediate level in Italian. This means you are able to communicate and understand topics, to express concepts and ideas to others. It is mandatory for getting dual Italian citizenship Jure Matrimonii.

B1 Language Certificate: Where and how can you get the certificate?

Spouses who need their B1 Language Certificate to apply for dual Italian citizenship Jure Matrimonii can get it in 2 places:

Passing the B1 Language exam certifies that the applicant understands the Italian language in terms of:

  • writing
  • listening
  • speaking
  • reading

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No-Appointment Case: Can I turn to another Consulate for an earlier appointment?

More and more people are deciding to start their journey to acquire dual U.S./Italian citizenship. The standard route for people residing outside of Italy is to submit accurate documentation to their closest Italian Consulate. However, many Italian Consulates are currently unable to provide a timely appointment date. They may have no appointments at all, and many applicants lose hope of claiming their Italian citizenship as a result.

People understandably try to find alternative ways to book an appointment at local Italian Consulates. But is it possible to submit your application to another Consulate or Italian authority if they have an earlier appointment, even if they are in a different jurisdiction?

Unfortunately, it is not possible to book an appointment in a different Italian Consulate or Italian authority if you do not have residence in that jurisdiction. The documentations for Dual U.S./Italian Citizenship must always be submitted to the Italian consulate closest to your city.

Do not worry. If you are having trouble booking an appointment for dual Italian citizenship, and may have a no-appointment case, MY LAWYER IN ITALY® is here to help you.

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Dual Italian Citizenship: Do I need my parents to apply?

The opportunity to claim dual citizenship has become very desirable in recent years. MY LAWYER IN ITALY® helps individuals apply for their Italian dual citizenship day in, day out – with or without their parents’ involvement.

We assign a dedicated, English-speaking attorney and team to every client. This is essential in navigating the Italian legal system and answering the many questions that arise along the way.

Questions such as: Can young people apply for Dual Italian Citizenship without their parents?

Young people and citizenship: With or without one’s parents?

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 just one person but an entire family unit, consisting of fourteen or fifteen people.

This may create confusion between young people who believe they need their parents to apply for dual Italian citizenship.

Don’t worry, you can do it on your own!

Everyone over 18 years of age that can prove their blood lineage from their Italian-born ancestors can apply for dual Italian citizenship without their parents applying for citizenship as well.

If you wish to come back to the land of your ancestors and want to start the process without your parents, trust us. MY LAWYER IN ITALY® is here to help and support you through the whole process with an Italian English-speaking team by your side!

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New Citizenship Legislation: Court Cases vs. Comune Applications

On June 22, 2022 new legislation regarding dual Italian citizenship came into effect. Proceedings must now be submitted to the relevant District Court where the Court of Appeal of reference for the Italian-born ancestor is located.

Does this new legislation affect only Court Cases (1948 cases) or citizenship applications submitted to an Italian Comune too?

Citizenship at Comune

Not all dual Italian citizenship proceedings are impacted by the law (art. 26 law 206/2021).

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.

If you have any doubts or questions about claiming your dual Italian citizenship, MY LAWYER IN ITALY® is here to help you!

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Italian Dual Citizenship: Who is eligible?

Italian dual citizenship is an achievable dream for thousands of American citizens of Italian descent who wish to come back to the land of their ancestors.

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.

People can acquire Italian dual citizenship in several ways. Some are straightforward but others are complicated and time-consuming. In every instance, you may seek the assistance of expert lawyers.

MY LAWYER IN ITALY® will not only assist you throughout the whole process but also assign a dedicated Italian English-speaking attorney to handle your case personally and communicate directly with you.

Before you begin the Italian dual citizenship acquisition process, here are the essentials required for eligibility.

  • Citizenship by descent: all American citizens with Italian-born ancestors who have never renounced their Italian citizenship
  • Citizenship by marriage: whoever married an Italian citizen in a correctly registered ceremony in Italy.

If you are not sure about your eligibility for Italian dual citizenship, MY LAWYER IN ITALY® will be happy to help you verify it and to assist you in claiming it.

DO YOU QUALIFY FOR DUAL CITIZENSHIP?

We provide a FREE ASSESSMENT to find out if you are eligible to claim Italian dual citizenship.

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US/Italian Dual Citizenship in Italian Courts: Paperwork Misspellings

American citizens with ancestors born in Italy can claim their Italian citizenship by descent – jure sanguinis. With the necessary documents, you can begin the journey to Italian citizenship through the Italian courts.

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 by the Consulate are:

  1. Data inconsistencies – for example, the Italian birth record says the immigrant was born on June 1, 1880, whilst all the other US documents report the immigrant was born on June 3, 1880, or even 1881.
  2. Missing certificate – for example, the applicant is not able to procure an ancestor’s birth or marriage certificate.

MY LAWYER IN ITALY® handles many cases in which citizenship by descent applications were delayed or refused. The applicants were discouraged and turned to us for help in obtaining citizenship in Italy.  Simple or very complex issues can be solved by going through the Italian court system.

Let our attorneys and document specialists work for you to make sure that you are awarded the citizenship you deserve.  If there are problems with your paperwork, we can help identify and rectify them.

Thanks to our team of Italian lawyers and experts, we have successfully resolved all kinds of cases in Court all kinds of cases.

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