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Ministry of the Interior’s New Circular (Instructions): What It Means for Italian Dual Citizenship Applications
On October 3, 2024, the Italian Ministry of the Interior issued a new circular to local prefectures and the Ministry of Foreign Affairs. This document outlines three key directives regarding citizenship, with the first directive significantly impacting Italian Americans seeking dual citizenship. The “Minor Case” Update This instruction addresses the so-called “minor case”, referencing two…
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Taxation in the Division of an Italian Estate: Jointly-Held Assets
Unlike probate processes in some countries, Italian inheritance doesn’t automatically transfer ownership of assets directly to individual heirs upon the decedent’s passing. Instead, the process typically involves a declaration of acceptance of the inheritance by the heirs. However, once the legal formalities are concluded, the heirs become co-owners of each and every property within the…
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Joint Inheritance: A Recent Ruling by the Italian Supreme Court
Recently, the Italian Supreme Court (Corte di Cassazione) ruled on a complex case of joint inheritance, providing important clarification on the legitimacy of legal action by individual heirs. The case began with the death of one of two business partners. The surviving partner, without involving the deceased partner’s heirs, registered all the company assets in…
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Invalidity of Agreements Waiving Future Inheritance Rights: A Recent Supreme Court Decision
The Italian Supreme Court recently reiterated that agreements in which parties waive their future inheritance rights are invalid under Italian law. In the case examined by the Court, the agreement was particularly insidious because it initially did not appear to violate the law. However, the Court identified and sanctioned it. Here are the facts. Upon…