Italian Law

Our services includes drafting powers of attorney (procura), finalizing an Estate in Italy (successione), tranfering or purchasing properties in Italy, handling transactions or helping with legal representation in Italy, providing legal advice to property owners and explaing the intricancies of Italian housing law, including issues with squatters’ rights (usucapione). The office of AURELIO ACQUAVIVA is uniquely capable of assisting when you have to deal with these issues. 

Succession in Italy

Succession, in Italian successione, is the transfer of assets, rights and obligations from a deceased person to his beneficiaries.

Under Italian law, the beneficiaries step directly and immediately into the Estate of the Deceased. Executors are almost unknown in Italy as the succession procedure is very different from the equivalent process under Common Law.

Under Italian Law, the beneficiaries are entitled to the Deceased’s Estate (assets), but are also subject to the Deceased`s debts and liabilities. If the debts and liabilities exceed the assets, there is no reason why the beneficiaries should accept this financial burden. A special procedure applies where the situation is uncertain.

Our office can handle the entire process, from gathering the initial support documents necessary to file the application in Italy to having the assets registered in the beneficiaries’ names.

The office of AURELIO ACQUAVIVA, with its unique expertise in this field, can navigate through the seemingly overwhelming complexities of Italian law and procedures and make the succession as smooth as possible.

Our office is also the clearly preferred representation for clients with estate issues spanning multiple jurisdictions. Estate administration becomes highly complex when assets, in particular real property, are located in more than one jurisdiction. With our team of Italian-trained lawyers, we can assist you in administering estates in Italy or with estate planning when you have property in both Italian and Canadian jurisdictions.

Procura

Procura (in the form of special power of attorney or general power of attorney) is a document that appoints another person to act on your behalf. “Procura” is a legal document by means of which a “principal” gives certain powers to act legally on his/her behalf to someone else, the “attorney”.

There are two main types of Procura :

• Procura Speciale (Special Power of Attorney), in which specific and well described limited powers are given to your attorney/agent. Example of powers to peform given trough a “procura speciale” are : purchasing or selling a house or piece of land, withdrawing funds, carrying out banking transactions, acting as a legal representative in judiciary proceedings, dealing with procedures pertaining to inheritance, inheritance renunciation, etc.
• Procura Generale (General power of attorney) entitles your proxy to do almost anything you could do. General proxies deal with any transactions being carried out in Italy involving the person being represented, creating a virtual ‘alter ego” of the person being represented. Considering the wide spectrum of activity that a proxy can carry in Italy it is advisable to think carefully before entitling someone to be your general proxy.

Italian Real Estate Transactions

The office of AURELIO ACQUAVIVA, with its knowledge of the Italian law and real estate market and with the support of a network of reliable professionals, provides expert advice for clients who are buying or selling property in Italy. With our extensive experience handling these matters, you can rest assured that your transaction will be managed professionally and securely. If you wish to sell your property or you own land in Italy, or if you have a cross-border matter, we can help you to accomplish your goals.