Non-marital partnerships have almost doubled in the last twenty years in Germany: the Federal Statistical Office currently reports almost 3 million couples without a marriage certificate. And these 3 million couples have very specific legal questions. No wonder that more and more courts are also dealing with this topic - right up to the Federal Constitutional Court.
Inheritance law is particularly relevant here. Most topics are
- What hat about the legal succession for my partner?
- What do we have to consider when drafting our wills?
- Is there also a joint will for us?
- I have children from a previous relationship - what do we have to consider?
- Are there any inheritance law peculiarities for same-sex non-marital partnerships?
- What about and how much is the inheritance tax
Every relationship is individual. Therefore, there are no blanket answers.
Gian Luca Pagliaro was admitted to the bar in 1995 and is also a specialist in international law and a lecturer at the University of Cologne. In 2017 he completed a specialization in inheritance law, the so-called master breve nel diritto di successione in Milan.
Our law firm has been working in German-Italian legal relations since 1995. German and Italian inheritance law form a special focus here, i.e. inheritance cases in which the deceased lived in Germany or Italy or possessed assets at home or abroad. These circumstances regularly raise complex questions about international property and inheritance tax law, which require expertise in the legal systems of both countries.
Our office is connected with the real estate and business registers in all regions of Italy, so that the estate is quickly and reliably determined. Through our PEC communication system we are in contact with all probate courts, registry offices and banks in Italy.
Discount processing and valuation
Transfers of real estate property in Italy are carried out directly by our law firm, as are the liquidation of financial deposits/bank accounts or transfers to companies. We can handle more complex inheritance disputes, for example between co-heirs, with our cooperation partners, notaries and lawyers. Our information system for land values in Italy enables us to carry out valuations of real estate property in Italy.
Disclaimer of inheritance and limitations of liability
As contact partners for German and Italian inheritance law, we assist our clients in the submission of inheritance proposals. We draft and coordinate the necessary waivers and ensure publicity.
Estate planning for assets in Germany and Italy
Together with German/Italian notaries and tax consultants, we draft wills and donation contracts which can be used in both countries and thus ensure a uniform approach.
The question of inheritance and gift tax should be considered from the outset. As there is no valid double taxation agreement, special care is required here! We cooperate here with various tax advisors, or support the heir's advisors on questions of Italian tax law. Valuation for real estate located in Italy (land, houses, apartments) or companies.
Costs and transparency
In principle, we recommend a fee agreement, regardless of the estate value. In this way, costs can be kept as transparent as possible. If the mandate ends prematurely or if individual mandate points are waived, the client only pays for the processing performed up to that point.
Gian Luca Pagliaro was admitted to the bar in 1995 and is also a specialist in international business law and a lecturer in Italian law at the University of Cologne. In 2017 he completed a specialization in Italian inheritance law, the so-called master breve nel diritto di successione in Milan.
Dott. Daniel Urso, law studies at the Università CATTOLICA DEL SACRO CUORE, Milan, Facoltà di Giurisprudenza, graduation LMG/01 (Giurisprudenza). Focus: Support of inheritance tax returns and real estate transfer.
Dott.ssa Fatima Laghbili, law studies at the University of PISA, Facoltà di Giurisprudenza, graduation LMG/01 (Giurisprudenza); postgraduate studies at the University of Cologne, master's degree for lawyers graduated abroad. Focus: liquidation of bank deposits and notary's office.
As of last summer 2015, a new procedure is in force for the acquisition of citizenship Italian for wedding. Currently the Italian citizenship is governed by the law 5.2.1992 No 91 (and related regulations of implementation). It reassesses the measure of individual will in the purchase and loss of the citizenship and recognises the right to dual citizenship.With reference to the new legislation and to what has been disclosed by the Farnesina Pagliaro Law Firm summarises the salient points regulatory for information purposes:
The foreign spouse can acquire Italian citizenship (by marriage) on request. The acquisition of Italian citizenship by the spouse can take place on question, in the presence of certain requirements, including the beginning of a certain period of time from the date of marriage, 2 or 3 years, depending on the place of residence. Deadlines halve in the presence of children born or adopted by the spouses.Validity of marriage and permanence of the matrimonial relationship until the date of adoption of the decree; Dual nationality allowed
Since the entry into force of the Law on Citizenship (1991/92) the purchase of a foreign citizenship does not cause the loss of the Italian citizenship. The citizen should in contrast to formally waive it.
NEW: citizenship by marriage / online procedure
Following the new procedure established by the Ministry of the Interior, by August 2015 for abroad, the application for a acquisition of Italian citizenship goes tabled electronically.
The applicant must register on the dedicated portal.At the same time the new procedure will also change some practical aspects. The consular posts (Consulate) will no longer be able to take charge of the procedure, just providing support.The procedure is therefore entirely at the expense of the person concerned.
German law does not generally apply to powers of attorney used abroad. The law of the country in which the power of attorney is to be exercised (so-called effect and form statute) regulates the details to be included in the power of attorney, how it must be structured and in particular the form of the power of attorney. However, if special formal requirements exist, such as notarisation or certification of the power of attorney, these can also be provided before a German notary. It is even possible for a German notary to certify a power of attorney in the respective foreign language so that it can be used directly abroad. Under certain circumstances, an apostille or legalization must still be taught for recognition.
We process and prepare draft authorizations for use in the following countries
and coordinate notarial certification/certification, if possible with a notary in your area.
You can also read in Aktuell 7/2017: Amendment to the law on international powers of attorney and international legal relations