Italian Conveyancing

Purchasing a property abroad is certainly appealing and, especially in recent years, investing in the Italian property market has become more and more popular. However exciting it may be to own a property abroad, the difficulties involved have been well publicised and there are many traps for the unwary. Language difficulties, a lack of knowledge of different legal systems and local customs frequently compound the problems.

To avoid any possible pitfalls, it is a good idea to seek legal advice before undertaking any obligation.

Our firm provides assistance throughout the whole process of buying (or selling) in Italy. This is usually divided in two main steps and namely:

• Completion of a preliminary agreement ("compromesso"). This document does not transfer ownership of the property but binds the parties to complete a final contract of sale/purchase at a later date. At this state, a deposit in the region of 10-30% (or more) is usually paid by the buyer. The said contract usually incorporates all the essential clauses of the purchase agreement.
• Completion of the final contract of purchase. This is the contract that transfers the ownership of the property to the buyer and is usually in the form of a so called "Atto Pubblico", drafted by an Italian notary. Italian notaries, who are usually chosen by the buyer, are not solicitors and act independently. They also deal with the examination of the title deeds and are responsible towards the Italian government for calculating and paying stamp duty and the other taxies relating to the property purchase.

Our firm provides our clients with a complete professional service throughout the entire process of purchasing a property in Italy. Full advice is provided at all stages, including negotiating for the purchase or sale; examination of the necessary title documentation; preparation and/or drafting of legal documents; obtaining all necessary consents and approvals; and carrying out all necessary inquiries in relation to the sale or purchase of all types of property in Italy, including land, villas, apartments, and time shares. As our service is based in the U.K. as part of a Scottish firm, language barriers are minimised and the client has the assurance given by the regulations and indemnities required under U.K. rules.

Italian Family Law

It is a fact of life that sometimes marriages are not successful. When a relationship breaks down it is not unusual for financial issues to arise, putting even more strain on an already stressful time. Disputes arising from separation can frequently become even more complicated and fraught when parties are no longer residing in the same country following separation or if there is a possibility of disputes involving two jurisdictions. We are uniquely able to provide advice and support in resolving all matters relating to legal separation or divorce and child related issues involving Italian law as well as Scots law. We can undertake work in either or both jurisdictions and can even provide comparisons of laws.

Italian Wills and Succession

Signing a will is always advisable, as it allows for the opportunity to tidy up assets and financial affairs in order to make things easier for our loved ones after our death. However, when assets abroad are involved, extra care should be taken as possible conflicts between different legal systems are likely to arise and might create complications later on. We can provide a unique legal service to clients who have Italian assets or other Italian connections, both in the preparation of wills, estate planning, and winding up estates.

Italian Credit recovery and litigation

If you are involved in a dispute with companies or individuals based in Italy, we can advise you on the necessary legal procedures, the prospects of success, and the possible value of your claim. We can carry out negotiations on your behalf and, if necessary, commence or defend proceedings in the appropriate court or other forum. Equally we can provide advice in Italian to Italian clients wishing to defend proceedings in Scotland.

We can provide full legal services in recovering sums due to you from individuals or companies in Italy, including enforcement of any decrees obtained, using a network of local agents where necessary.