For the European Court of Human Rights, rules on necessary succession are not international public policy. The principle, with some national caution, also applies to successions governed by EU Regulation 650/2012. With a permissible optio legis moving one's habitual residence to another country can limit the rights of legitimate heirs. Non è un azzardo [...]
Inshallah a Boy is a Jordanian film whose viewing is strongly suggested. It recounts successional events governed by Sharia law that jar with the sentiment of Western thought. But what if the jurist must actually apply these rules? Inshallah a Boy, film diretto da Amjad Al Rasheed, racconta come Nawal, dopo la morte improvvisa [...]
The transfer of the company or corporate shareholdings in favour of spouses or descendants is exempt from inheritance, gift, mortgage and cadastral taxes and there is no undermining of the EUR 1,000,000.00 exemption provided for such persons. The conditions for the exemption are the continuation of the business activity or the holding of control [...]
In some cases, it is not easy to determine whether testamentary heirs should receive the entire inheritance or whether they compete with legitimate heirs. This question may also be of particular interest in international successions, particularly when the estate includes assets existing in several countries. The Supreme Court has chosen an interpretative criterion of [...]
Through disposition by reason of death, the testator may appoint an executor with the execution of his or her last will. Specifically, it is the responsibility of the executor to administer the estate, that is, to settle debts, dispose of legacies, assume the burdens, and arrange for the division of the estate. L'esecutore testamentario [...]
In the Canton of Ticino, a notary who has received or is the depositary of a public or holographic will, upon the death of the testator, must proceed to publication before the competent authority. Notaries and lawyers in Switzerland as well as Swiss authorities may announce the place of filing of a disposition of [...]
Under Swiss law, there are two main types of last will: A handwritten will, also known as a holographic will, is written out entirely by hand, dated and signed. A will by public deed is signed before a notary public, and in the presence of two witnesses. An oral will is only possible in [...]
In the case of successions governed by Italian law with elements of internationality and where there are testamentary dispositions requiring implementation and special technical expertise, it may be very useful to appoint an executor of the will He may also perform acts abroad, being able to use the European Certificate of Succession in another [...]
Il 23 febbraio 2023, fra le 16.15 e le 18.30, presso l’Università Cattolica del Sacro Cuore avrà luogo un interessante seminario organizzato dal professor Pietro Franzina sul Certificato successorio europeo. Tra i relatori il membro del nostro network Arrigo Roveda, il notaio Antonio Reschigna, Ilaria Riva dell’Università di Torino e Francesca Maoli dell’Università di [...]
The trust is currently the most modern tool for succession planning in Italy, including for the generational transfer of a company. Revenue Agency Circular 34/2022 confirms that the trust is extraordinarily advantageous from a tax point of view. When owning assets in several countries, it is important to assess the [...]
