Charlotte Oliver's activity

The Notary will be able to help you decide whether your siblings can sign an "atto di renuncia all'eredita", although where there has also been a succession in the UK it could be argued a partial renunciation is not possible. The deeds of renunciation could be signed in the UK, and attached to the declaration of sucession. I think that it would also be possible for an "atto" or public deed to be drawn up by the Notary in which you all agree who should own this property, like a formal "settlement". If you post this also in the succession law group you may find other member who have dealt with inheritance in Sicily who could recommend a Notary. Charlotte

Donations are used often here, but not for tax reasons, as donation and inheritance tax are the same, and very low, ranging from a few hundred Euro to 3% of the catastal value when donating from parent to child, where the property is worth less than 1 million. maybe my idea of donations here is over cautious but just something to bear in mind and ask the Notary to clarify when preparing the deed. Donations to avoid tax are much more valid in the Uk where by gifting more than 7 years before death the heirs can avoid paying 40% on the market value above the threshold of £325,000. Under the new Regulation if you make a Uk gift, and then move to Italy where you become habitually resident, and die intestate, Italian law will apply to your worldwide succession and the value of that gift could be taken into account when your heirs come to divide up the estate. It is a shame that the Regulation which was drafted to try to keep all member staes happy, is still vague on this and there are still some grey areas. Charlotte

Donations are used often here, but not for tax reasons, as donation and inheritance tax are the same, and very low, ranging from a few hundred Euro to 3% of the catastal value when donating from parent to child, where the property is worth less than 1 million. maybe my idea of donations here is over cautious but just something to bear in mind and ask the Notary to clarify when preparing the deed. Donations to avoid tax are much more valid in the Uk where by gifting more than 7 years before death the heirs can avoid paying 40% on the market value above the threshold of £325,000. Under the new Regulation if you make a Uk gift, and then move to Italy where you become habitually resident, and die intestate, Italian law will apply to your worldwide succession and the value of that gift could be taken into account when your heirs come to divide up the estate. It is a shame that the Regulation which was drafted to try to keep all member staes happy, is still vague on this and there are still some grey areas. Charlotte

You did not say where the house was but I assume this is in Italy and you are not Italian... The answer is yes but it not highly recommended. You can donate but before the age of 18 there will need to be a court order from the giudice tutelare. Donation is tricky in Italy, because if Italian law applies to your succession, all lifetime gifts can potentially be brought back into the estate for redistribution amongst the heirs. If you simply gift it to your children, and they later try to sell it, this can cause problems, as buyers will be wary that there might be other heirs in the wings who could bring a claim against the property. Potential buyers may find the banks will not give them a mortgage. I have seen cases where donors have to revoke the donation before the property can be sold.   Charlotte    

It has been recommended for some time that British citizens in Italy write a choice of English law clause in their will, and this is usually accepted in Italy because this is in line with Italian law which states the national law should apply. But there has always been a grey area over the "ping pong" rule which has led to court battles between heirs, claiming that Italian forced heirs hip should apply because of a referral from English law where there is immovable property abroad. And in countries like France it has never before been possible to choose English law if you have property there. I am disappointed that the UK chose not to opt in. Despite years of debate while writing the Regulation there is still confusion about some aspects, and personally I think it is a shame that the UK did not opt in. There will still be a possibility for English law to split applicable law for moveables and immovables, but only where a person dies without a will. the main reason the Uk did not opt in was because of the clawback rule which exists in some members states including Italy. They were lobbied by charities and worried about the effect on trusts.  Now if you die without a will, and you are resident in Italy so Italian law applies, a gift made years ago in the UK could be clawed back by the heirs and the value added to the assets before they are divided. There are positive changes in that an heir can obtain a European certificate of Inheritance which will be recognized in all member states, which for example should reduce bureaucracy and costs in closing down bank accounts abroad after a death. Also the jurisdiction for which country's court is competent to deal with disputes is clearer...and everyone should avoid the risk that their heirs have to wait 20 years for an Italian court order!

Karen that advice is wrong. You do have a choice of the law of your nationality. See art.22. 

This is interesting, I have been following the development of the draft Regulation since 2007. It is supposed to be the most ambitious piece of European law to date. Yes, it would make life easier for your heirs if you can all hang on until 2015!   The style of will you can choose is unchanged, you can make a will in whatever form you wish, including holographic or purchased from WHS Smith (neither recommended legally but they will probably do the job), as long as it is valid in the country of your residence, domicile or nationality at the time of making it or at the time of your death. The main issue for all expats habitually resident in Italy, or non-Italians living abroad but with property in Italy, is to ensure they have a will with a choice of applicable law, if they do not want Italian law to apply to the division of your estate. If you already have a will, that is still valid. Just check that you have a clause on applicable law, or write a codicil if not. There will now be a debate on how to determine where is your habitual residence. So for those of us that spend time between two or more countries, think about this point to avoid confusion for your heirs, if you pass away withoutleaving a will and have property in Italy.  Here is a link to the Regulation in English: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:201:0107:0134:EN:PDF For dual nationals see Art. 22, you can choose the succession law of any nationality you possess at the moment of making a will or on our death. Sprostoni I hope you like Roccaraso/Castel di Sangro in the summer... Charlotte

Yes be very very careful, if the house is not identical to the planning permission at the time you come to sell it (this includes windows not being in the right place), you could have serious problems in sellling, or even if an Italian buyer is willing to turn a blind eye the value will be knocked down. Charlotte

There is a group we have going on Italymag to discuss succession issues. There is never a simple answer, everyone's situation is different. It also depends where your property and assets are situated, as you could face different laws applying in each country. In your case, if you are married your wife would also share in your estate. The current Italian law states that your succession is regulated by your national law, but English law states that your immoveable property is governed by the law of the place it is situated and your moveable property is governed by the law of your "domicile".  Its a good idea to write a will to be clear on what goes to who. You can do this with a Notary in Italy, or write a holographic will or an English form will. Charlotte      

The Lasting Power of Attorney is only valid for your attorneys to manage your property and financial affairs in the UK: one day Europe will standardise these as well as so many people have property to manage in more than one country now.  You can set this up even though you  are resident in Italy, it does not matter where it is signed.  In Italy if you have bank accounts or property which you would need assistance with managing, you can ask a Notary to prepare a general power of attorney, but this is not long lasting like the LPA and would lose effect if you were to lose mental capacity, and in that case a family member (any close relation up to first cousin, but not cohabitee), would need to apply to the court for an order to be appointed "amministratore di sostegno" (ADS), or in very serious cases a declaration of "interdizione".   The ADS could be used even if a person has mental capacity but is too unwell to manage their own affairs.  THese are being used more and more but it can still take many months to organise through the court. Charlotte