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Old Oct 18th 2017, 9:04 am   #16
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Default Re: joint names or Will/testament & death cert

For 500 euros its worth doing a formal will, because the procuring and translating and legalising of the Uk documents would cost easily that.
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Old Oct 18th 2017, 9:07 am   #17
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Default Re: joint names or Will/testament & death cert

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Originally Posted by modicasa View Post
It doesnt matter that you are a foreigner, its more that you dont speak Italian.
A testamento olografico is fine, but if its an old one, which says they ar British and want the succession according to the law of the country of their nationality, it's no longer the case. As residents in Italy, the UK has washed their hands of them, and its the law of Italy which takes over. if they go to a notary, they can quite clearly let the notaio know that you are the only heir and will inherit everything. If thats the notaio that you subsequently use for the succession, it will undoubtedly make things smoother.
When did this come about Modicasa? I've not heard of any change to the EU law that came into effect 17 August 2015. From what I read it was the country of residence that had to be signed up, so it did not matter the UK had not if you were resident in Italy you can still opt for UK law to apply last I heard (from Charlotte).
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Old Oct 18th 2017, 9:29 am   #18
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Default Re: joint names or Will/testament & death cert

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For 500 euros its worth doing a formal will, because the procuring and translating and legalising of the Uk documents would cost easily that.
No, I would not be using UK will, I am referring to Italian handwritten wills (olografico) vs formal Italian wills (publico)

They already have the olografico in place. They want Italian law.

One parent is an Italian born, Italian passport holder and Italian resident.
Other parent is UK born, UK passport holder, and Italian resident.
They lived in UK for their married life up until recently, when they moved to Italy.

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Old Oct 18th 2017, 11:18 am   #19
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Default Re: joint names or Will/testament & death cert

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Originally Posted by Iamjustme View Post
No, I would not be using UK will, I am referring to Italian handwritten wills (olografico) vs formal Italian wills (publico)

They already have the olografico in place. They want Italian law.

One parent is an Italian born, Italian passport holder and Italian resident.
Other parent is UK born, UK passport holder, and Italian resident.
They lived in UK for their married life up until recently, when they moved to Italy.
If I remember correctly, dual Italian nationals living in Italy have to use Italian law.

The tax office will want proof of your relationship with your parents. That would need to be done via your birth certificate translated and notorized. Why not register as an Italian citizenship. It could come in handy for your children, grandchildren etc. (assuming that you have any)
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Old Oct 18th 2017, 11:45 am   #20
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Default Re: joint names or Will/testament & death cert

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If I remember correctly, dual Italian nationals living in Italy have to use Italian law.

The tax office will want proof of your relationship with your parents. That would need to be done via your birth certificate translated and notorized. Why not register as an Italian citizenship. It could come in handy for your children, grandchildren etc. (assuming that you have any)
The tax office - I have heard of dicharazione di successione (which I will also need to do) - but that seems to be about transferring property in to your name, but not monies? The nottaio did not mention a birth certificate - they just said they need will (said will is not even necessary actually) and death cert, they stamp everything and off you go.

I do not have the original birth certificate, just a certified copy received from UK gov request.

Would citizenship stop the above request?

I am trying to get citizenship, but finding it hard to get an appointment!

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Old Oct 18th 2017, 2:46 pm   #21
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Default Re: joint names or Will/testament & death cert

UK law has basically applied the law whereby your country of residence takes precedence over your contry of Nationality. If you are therefore resident in ITaly then Italian succession law takes precedence.

A holographic will is essentially a few hand written lines saying who gets what. A formal notarised will will help you in the long term with the succession, especially as it can name you as sole heir and the notary will be certain of your identity if you provide the docs .

The successione is for everything that is left. money property car etc.
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Old Oct 18th 2017, 7:37 pm   #22
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Default Re: joint names or Will/testament & death cert

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Originally Posted by modicasa View Post
UK law has basically applied the law whereby your country of residence takes precedence over your contry of Nationality. If you are therefore resident in ITaly then Italian succession law takes precedence.

A holographic will is essentially a few hand written lines saying who gets what. A formal notarised will will help you in the long term with the succession, especially as it can name you as sole heir and the notary will be certain of your identity if you provide the docs .

The successione is for everything that is left. money property car etc.
I do not think UK law has changed on this matter.
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Old Oct 18th 2017, 10:02 pm   #23
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Default Re: joint names or Will/testament & death cert

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I do not think UK law has changed on this matter.
Can you point to proof of that please Gborn ?
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Old Oct 19th 2017, 6:20 am   #24
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Default Re: joint names or Will/testament & death cert

Secondo il Regolamento 650/2012 il giudice competente e la legge applicabile in caso di successione sono quelli di abituale residenza del defunto (criterio di collegamento uniforme per l’UE).

Invece, in precedenza, l’art. 46 della legge di diritto internazionale privato italiano n.218/1995, stabiliva che la legge applicabile dovesse essere quella relativa alla cittadinanza del defunto.

Regolamento 650/2012 ame into effect in 2015

Britain anyway applies the rule of ius soli meaning that that the law of the country where you buy a house/die/ born/marry etc takes precedence of the law in your home coutry.

(From the mouth of my notary) So if you have cut all ties with Britain and live permanently in Italy, you cannot have your will under the law of your nationality. It's true that the UK opted out of this legislation, but the succession is in Italy so Italian law applies. (It would be different if you were an Italian resident in the UK).
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Old Oct 19th 2017, 9:51 am   #25
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Default Re: joint names or Will/testament & death cert

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Can you point to proof of that please Gborn ?
It is difficult to point to proof for something that does not exist/has not happened Pica. If you search under something like "Effect of new EU law on succession" you will come up with lots of law firms telling you the UK did not sign up to the change, but Italy did. This site is one example, as far as I know (hence my question to Modicasa) no UK/EU law has changed and neither has the position outlined in this article. Which in effect to me is the opposite to what Modi is saying. If something has changed since it was written August 2017 I can't find anything on it!
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Old Oct 19th 2017, 3:47 pm   #26
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Default Re: joint names or Will/testament & death cert

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Originally Posted by Iamjustme View Post
The tax office - I have heard of dicharazione di successione (which I will also need to do) - but that seems to be about transferring property in to your name, but not monies? The nottaio did not mention a birth certificate - they just said they need will (said will is not even necessary actually) and death cert, they stamp everything and off you go.

I do not have the original birth certificate, just a certified copy received from UK gov request.

Would citizenship stop the above request?

I am trying to get citizenship, but finding it hard to get an appointment!
Re: tax office. The comune, bank, Inps, just about everybody notifies the tax office. Does mean you will owe them anything.
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