17 August next year

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17 August next year

Post by ghiro on Fri Aug 01, 2014 4:50 pm

An interesting article in 'Country Life' particularly the comments about 'EU succession regulation' that supposedly comes into force of 17 August next year: http://www.countrylife.co.uk/news/property-news/invest-italian-farmland

I thought it is already possible to stipulate that you wanted all your estate on death dealt with under UK law.
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Re: 17 August next year

Post by stevegwmonkseaton on Fri Aug 01, 2014 5:42 pm

It's a complex area which no doubt Charlotte can confirm if she sees this. The new legislation has been a long time in the making and I believe was discussed on other forums (perhaps  even here) a year or two ago. I'm sure I have seen a specific wording  (possibly by Charlotte) that you needed added to your will to ensure your wishes are met. I think until this came about certain parts of your estate were/could be in limbo and not under UK law. Recent wills before the legislation comes into effect, should after the start date (with the wording) would be acceptable as I understood at the time. Last I heard was that the UK would not be signing up to this, but those doing so e.g. Italy would and therefore any Italian estate they would abide by your will...

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Re: 17 August next year

Post by modicasa on Sun Aug 03, 2014 6:03 am

I too thought that the UK had opted out of this.

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Re: 17 August next year

Post by stevegwmonkseaton on Sun Aug 03, 2014 10:30 am

From what I can find on the web, this is still the case. Indications are that we should have made the relevant provisions in our wills already during this interim period ( from July 2012 it seems - from when it appears we are in limbo).

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Re: 17 August next year

Post by AVVCMJ on Thu Nov 20, 2014 10:44 am

Hello, this is Charlotte Oliver. I have not been able to log in to reply, so now have a new identity.

I read the Country Life article, but it is misleading. Yes it is true the UK did not opt in to the new succession Regulation, and it is true that a choice of law clause in a will is something that has been advisable for many years, although it is not always guaranteed to avoid the application of Italian forced heirship rules.

Its important to reiterate that the new succession Regulation is likely to affect those who are resident in Italy (this means the place of habitual residence and not necessarily the fact of being registered with the Anagrafe as resident). At the moment the law of succession to those people is by default the law of nationality. 

From August 2015, the default law of succession, unless an express choice has been made in a will, becomes the law of the country of residence, ie Italian law would apply and a persons estate could be claimed by family members who were not intended to inherit at all.


Last edited by AVVCMJ on Thu Nov 20, 2014 10:44 am; edited 1 time in total (Reason for editing : Spelling mistake)

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Re: 17 August next year

Post by modicasa on Thu Nov 20, 2014 4:54 pm

thanks Charlotte - the font of all knowledge!

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Re: 17 August next year

Post by Casa Monal on Sun Nov 23, 2014 12:45 pm

Thanks for the reminder Charlotte Very Happy
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Re: 17 August next year

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