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Avvocato Federica Recalcati
Giussano, Italy

Founded in 2009
2 people in their team
English
Avvocato Federica Recalcati is a civil law focused law practice based in Giussano, Lombardy, Italy. The studio, led by Avvocato Federica Recalcati and partnered with Avvocato Filippo Radaelli since 2009, offers judicial and extrajudicial services across a broad spectrum of civil law matters.The...
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Italy Private Client Legal Articles

Browse our 1 legal article about Private Client in Italy written by expert lawyers.

Inheriting Property in Italy: International Succession Guide
Private Client
If a foreigner owns property in Italy and dies, Italian authorities usually apply the law of the deceased's last habitual residence, unless a valid will chooses another national law under EU Regulation 650/2012. Under Italian "legittima" rules, children (and usually the spouse) have a protected "legitimate share" of the estate,... Read more →

1. About Private Client Law in Giussano, Italy

Private client law in Giussano, Italy, covers personal status, family matters, wills, successions, guardianships, and related tax considerations. It is governed primarily by Italy's Civil Code and national procedural rules, applied consistently across Lombardy and local courts. Notaries in Giussano play a central role in creating and authenticating wills, trusts, and other private client instruments.

Residents in Giussano often engage private client lawyers for estate planning, asset protection, and cross-border issues. Local practice focuses on coordinating notarial acts with court proceedings to ensure smooth transitions of assets and clear succession arrangements. An experienced private client attorney can help translate complex legal concepts into practical plans tailored to Giussano families.

2. Why You May Need a Lawyer

  • Estate planning after a Giussano home purchase: A lawyer can draft a will that preserves property for children while minimizing Italian inheritance taxes and ensuring enforceable provisions.
  • Probate and asset distribution when a Giussano resident dies: A lawyer guides executors through inventory, tax filings, and court filings in Monza or Milan, reducing delays.
  • Guardianship for minor or disabled relatives in Giussano: Legal counsel helps set up guardianship arrangements and ensures ongoing protection of dependent family members.
  • Challenging or interpreting a will in Giussano: If a beneficiary question or contest arises, a lawyer can assess validity, legitimate portion, and procedural steps.
  • Cross-border inheritance with Italian property or residents: A lawyer coordinates with foreign assets and applies cross-border rules to determine jurisdiction and succession paths.
  • Tax planning for inheritances and gifts: A private client attorney explains how Italian donazioni e successioni are taxed and how to optimize the plan within national rules.

3. Local Laws Overview

Key private client topics are driven by the Italian Civil Code and European cross-border rules. In Giussano, as in the rest of Italy, family status, wills, and successions are governed by national law with regional and local procedural applications where applicable.

Codice Civile (Italian Civil Code) governs personal status, family matters, and succession. It remains the foundational framework for wills, inheritance rights of heirs, and validity of testamentary dispositions. The code is periodically amended, but its basic structure for private client matters remains central in Giussano.

Regolamento (UE) 650/2012 on jurisdiction, applicable law, and the recognition of judgments in respect of cross-border successions. This European Regulation affects how Italian courts determine applicable law when a decedent has assets in another EU country or a non-resident heir. It came into force in 2015 for most provisions and continues to shape cross-border probate in Giussano.

A cross-border succession may involve multiple jurisdictions; Regulation 650/2012 clarifies which country’s law applies and where probate proceedings should take place. This helps families with assets in Italy and abroad navigate complex inheritance rules.

Codice di Procedura Civile (Code of Civil Procedure) governs court procedures for probate, disputes over wills, and other private client matters. It provides the steps and timelines for filing petitions, responses, and appeals in Italian courts, including those serving Lombardy and Monza Brianza.

Italian probate and succession actions are typically court-supervised. A private client lawyer helps streamline filings, manage evidence, and comply with procedural timelines to avoid delays.

4. Frequently Asked Questions

What is a private client lawyer responsible for in Giussano?

A private client lawyer assists with wills, estates, guardianships, and tax matters affecting individuals and families in Giussano. They coordinate notarial acts, court filings, and cross-border issues when needed.

How do I start a probate process in Giussano?

Contact a Giussano private client attorney to review the will, identify heirs, and prepare initial petitions for the relevant court. The process typically begins with filing inventory and succession declarations.

Do I need a notary for a will in Giussano?

Notaries are standard in Italy for creating and authenticating wills. A Giussano notary ensures the will complies with Italian law and reduces the risk of invalid provisions.

How much does private client legal advice cost in Giussano?

Costs vary by complexity, asset value, and whether cross-border elements exist. Typical arrangements include fixed fees for straightforward matters and hourly rates for complex litigation or estate planning.

How long does probate typically take in Italy, including Giussano?

Uncontested probates can take several months; contested cases may extend to 12-24 months or longer depending on complexity and court schedules in Lombardy.

Do I need to be a resident of Giussano to handle private client matters there?

No, non-residents can work with Giussano lawyers for Italian private client matters, especially for assets located in Italy or cross-border planning.

What is the difference between a will and intestate succession in Italy?

A will expresses the decedent's wishes, while intestate succession follows statutory rules when there is no valid will. In Giussano, a will typically directs asset distribution subject to forced heirship rules.

How can I challenge a will in Giussano if I disagree with it?

You may challenge validity, interpretation, or forced heirs. A private client attorney can advise on grounds, evidentiary requirements, and proper court procedures.

Is cross-border inheritance relevant for residents of Giussano?

Yes, if assets or heirs are in another country. Regulation 650/2012 provides guidance on jurisdiction and applicable law across borders.

Should I consider using a trust in my Giussano estate plan?

Trusts are used in some Italian private client plans for asset protection and succession management, but they require careful drafting to align with Italian law and tax rules.

Can I modify a will after it is written in Giussano?

Wills can be amended or revoked before death; post-mortem changes are not possible. A lawyer can help with updates during lifetime to reflect changing circumstances.

Do I need to appoint guardians for minor children in Giussano?

Yes, appointing guardians is common if minor children are involved. A lawyer can draft guardianship provisions and coordinate with the court.

5. Additional Resources

6. Next Steps

  1. Identify your private client goals in Giussano, including assets, heirs, and potential cross-border concerns.
  2. Gather essential documents: identification, asset deeds, birth and marriage certificates, wills, and death certificates if applicable.
  3. Research local Giussano private client lawyers with experience in estates, family matters, and cross-border issues.
  4. Schedule an initial consultation to discuss goals, processes, and potential tax implications with a Giussano attorney.
  5. Ask about fees, retainer arrangements, and expected timelines for probate, wills, or guardianship matters.
  6. Confirm the attorney's plan for coordinating notarial acts and court filings in Lombardy.
  7. Engage the lawyer and sign a structured engagement letter outlining scope, costs, and milestones.

Notes and Citations

Cross-border succession rules help determine which country’s law applies when multiple jurisdictions are involved in private client matters.
The Regulation 650/2012 entered into force for most provisions in 2015, affecting how Giussano residents handle cross-border probate and asset distribution.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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