Power of Attorney in Italy

AttorneyIf you are looking for a Power of Attorney:

  • In Italy you need to ask for a ‘Procura’

If you are looking for a General Power of Attorney

  • In Italy you need to ask for a “Procura Generale

If you are looking for a Special Power of Attorney

  • In Italy you need to ask for a “Procura Speciale

A Procura is a document which appoints another person or a company to act on your behalf. Like in any other country, it can be used for many reasons, although in my experience a Procura is very popular among foreign clients to setup an Italian company or buy a house in Italy. These operations requires more than one day in Italy, and the foreign client sign a power of attorney to be free to go back home. Sometimes he doesn’t come to Italy at all.

Requirement of the Attorney

Be sure that the person you appoint to transact any business on your behalf has an Italian tax code (Codice Fiscale) or the power of attorney risks to be useless, and you should be asked to fly back to Italy again.

If you sign a Procura in Italy, remember to sign in front of a notary public (Notaio), or the power of attorney is invalid. In fact Italian solicitors have no power to certify a power of attorney.

With the birth of the European Union, this rule has become somewhat weird. For instance, I am a registered lawyer both in Italy and in England. In Italy only notary public can legalize a power of attorney, in England both notary and lawyer have the power. More than once, I have put my “English hat” to certify a document, only to switch to my “Italian hat” and use the document in my country. That’s Europe and we love it!

What happen if you are not in the European Union?

  1. So, if you are in Italy you can sign the power of attorney in front of an Italian notary public.
  2. If you don’t want to fly to Italy and you are in a European country, you can use your local officer. The EU law force Italy to accept the document. Just remember to add an apostille. Sometimes you don’t need it (i.e. a notary in France doesn’t requires an apostille thanks to the Italian-French treaty) but it’s better to avoid any risk.
  3. What happens if you are outside Europe and you won’t or can’t fly to Italy?

Italy is a member of the Hague Convention on Apostille. It means that a power of attorney signed in your country in front of the local officer WITH apostille is valid in Italy. Just check the wording with your Italian lawyer. Sometimes power of attorney to incorporate a company or to buy a house could be quite complex.

What happens if you are not in the European Union AND your country is not a member of the Hague Convention?

If you are a lawyer, you are probably thinking that only a tiny and unknown country could be outside any of those membership. On the contrary, one of the most important country of our time stay in this area: namely China. Italy has never closed a double treaty to recognize the Chinese documents. Why? Please don’t ask me.

If you are a Chinese entrepreneur or a Chinese company and you want to operate in Italy, you have two options:

  1. The first solution is to go to the Italian consulate. I have used this system many times, and it works. Although it can be difficult, because the nearest Consulate is far away (China is no small state) or because the Consulate is not used to do these documents.
  2. The second solution, is to have your documents certified by a solicitor of another European country. I have used this system more and more often in the last years. As a UK lawyer I can certify Chinese documents, and because UK and Italy are both member of the European Union, Italy has to accept my certification. It’s a bit tricky but it works as well and it’s legal of course.

The choice is yours. Whatever solution you pick, welcome to Italy!

UPDATE: We received over 100 requests in just two months asking about a power of attorney. Here is a template you can download for a limited cost. Just click and pay trough PayPal or secure server.

Template General Power of Attorney Italy

Image source: storebukkebruse on Flickr.com

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159 Comments

  1. Peter Sandiford 10 February 2013 at 3:43 am - Reply

    Ciao Stefano,
    My wife is Italian and needs a (general) power of attorney to have her father operate her bank account in Italy and attend to any other matters of importance. Would you be able to provide the wording and serve as her Notaio if she signs the document here in New Zealand in front of a public notary and get’s an Apostille seal for it?
    Kind regards,
    Peter

    • Stefano L Tresca 10 February 2013 at 7:53 pm - Reply

      Hi Peter, you don’t need to pay anyone in Italy. A notary public in New Zealand + apostille is enough. Well, at least in theory. I am not sure that many bank officers are confortable with the international law. If your wife plans to be in Italy at one point this year, we can fix a meeting with one of my Italian notaries. If she can’t, reply this message and I will think to another solution. Cheers

  2. Peter Sandiford 11 February 2013 at 5:11 am - Reply

    Thanks for your reply Stefano. Is there any specific wording that I need for the ‘Procura Generale’. Does the Notary Public in NZ write this in English or Italian? I’m happy to pay you for providing us with this if it will smooth things. It would be useful for my wife’s father to have a power of attorney from her anyway and we need to do this before she goes back to Italy.
    Kind regards,
    Peter

    • Stefano L Tresca 11 February 2013 at 10:00 pm - Reply

      In my experience, it’s better in Italian. In fact not many people speak a good English in Italy. You can download a template of general power of attorney + explanation here: Template General Power of Attorney Italy

  3. Anna 1 April 2013 at 11:35 am - Reply

    Ciao Stefano,
    I was born in Italy, and now live in UK. A relative of mine has died in Italy. Would an Italian Lawyer require a power of attorney to enquire if she left a will.
    Kind regards,
    Anna

    • Stefano L Tresca 2 April 2013 at 12:01 am - Reply

      Ciao Anna. If nobody contact you, it could be a good idea to appoint a lawyer. In theory you should be contacted by the other Italian heirs. However, there isn’t any sanction if they refuse to do so. I have seen many times the expat not being informed by the local heirs, sometimes just because they don’t speak a good English. Please don’t read my words as a legal opinion, just as a friendly suggestion.

      • Anna 3 April 2013 at 3:21 pm - Reply

        Thank you Stefano,
        your reply is very helpful. I have now appointed a lawyer, but she requests power of attorney.
        Is this necessary, as I only need to enquire whether a will was left.
        Kind regards,
        Anna

        • Stefano L Tresca 8 April 2013 at 2:14 pm - Reply

          Hehe if you have appointed a lawyer I can’t enter into your internal discussions. Keep us posted and “Ad Majora”

  4. Antonella 8 April 2013 at 12:37 pm - Reply

    Ciao Stefano,
    I have Power of Attorney documents for both my parents made up at the Italian Consulate. Is this document valid only in Italy or can it be used in the UK.

    Kind regards
    Antonella

    • Stefano L Tresca 8 April 2013 at 2:17 pm - Reply

      A power of attorney made at the Italian Consulate is made “in Italy”. It’s valid in Italy. Sometimes it could be used in other countries with an apostille, but you should check with the local offices. Too many variables to provide a reply in a post (text, language, etc.)

  5. Natalie 9 April 2013 at 9:46 pm - Reply

    Hi Stefano,

    My father passed away recently and as a result I have inherited his apartment. I was born and live in Jersey in the Channel Islands and my father was born and lived in Italy. The problem I have is none of my remaining family in Italy speak English, but through various people translating for me I have found out I must pay an inheritance tax. I have tried contacting the Italian consulate here in Jersey, without much success and I was hoping you can give me some guidance on how to proceed. Please can you advise what paperwork I will need, how much the inheritance tax is likely to be and will I have to travel to Italy to sign and complete the relevant paperwork.

    Any information you can supply me with regards to the process would be greatly appreciated.

    Kind Regards
    Natalie

    • Stefano L Tresca 11 April 2013 at 12:04 am - Reply

      Hi Natalie. What they told you isn’t completely true. You have 12 months from the death of your father to decide if you want to take his properties (and pay the inheritance tax) or not.

      Also if there are common properties (for instance your father left 2 apartments to 2 children) this is the best moment to split the property (i.e. 1 apartment each) or your are going to pay double later.

      I can’t provide a whole analysis online. It’s not just a matter of time, other lawyers would not like that. My suggestion: try to find a lawyer or a notary in the area of your father who speaks English. I would not count on the Italian consulates in the UK. It’s not their business.

      I am sorry but I only manage a few inheritances per year from a few millions up or trusts. If you can’t find anyone, let me know your area and will check among my contacts. All the best

  6. Luiz Pinto 29 April 2013 at 7:33 pm - Reply

    A non italian citizen (Singapore) is in Italy on holidays, and would like to grant a power of attorney to a person residing in South America.

    Could he go a a notary public and have the power of attorney signed before him? Are there any other formalities that the non-resident must comply with?

    Thanks for your assitance

    • Stefano L Tresca 1 May 2013 at 12:33 am - Reply

      Hi Luiz. Yes a Singapore citizen can go to a notary public in Italy and sign a power of attorney valid IN ITALY. I can’t reply for South America. Cheers

  7. Agata Montebello 10 May 2013 at 10:29 am - Reply

    Hi Stefano,

    My mother passed away in July of 2011. She did not leave a will and as a result her estate needs to be divided between me (who lives in Australia) and my 3 sisters who all live in Italy. I have sent a procura to my brother in law so that there would be less conflict between my sisters. However, my sisters have been in much disagreement and to my knowledge the apartment is vacant to this day and apparently for sale. My issue is that they don’t contact me often and therefore there is no way of knowing if the property has actually been sold or if someone is renting and they haven’t told me. Is there any way i can find this out? If they do sell the property does my share of the money automatically come to me? Any type of advice would be much appreciated.

    Thank you.

    • Stefano L Tresca 15 May 2013 at 9:15 pm - Reply

      Hi Agata. If they sell the property, they SHOULD send you the money. However it’s not automatic. I would suggest to ask to a local friend or to an attorney to keep an eye on the property.

      Eventually you can buy a report from the real estate registry once a year. If the property is sold, the notary public update the registry automatically.

      I receive many request of reports on companies and real estate. Unfortunately they can’t be obtained online directly. Lawyers and other professionals have special access. I will see if I can add an online form into this website.

  8. Sergio 10 May 2013 at 11:50 am - Reply

    Ciao Stefano,

    avrei necessità di revocare un Power of Attorney rilasciato qualche tempo fa ad un avvocato americano per gestire una proprietà sita a Chicago che ho ereditato dalla mia defunta moglie, cittadina statunitense. Mi sono già procurato un modello di “Notice of Revocation of Durable Power of Attorney” ma adesso si pone il problema di come farlo autenticare: esiste in Italia una figura equivalente al notary public americano che possa appunto autenticare la revoca conferendole così validità giuridica negli Stati Uniti?
    Spero tu possa aiutarmi a risolvere il mio problema, grazie mille!

    Sergio

    • Stefano L Tresca 15 May 2013 at 9:18 pm - Reply

      Ciao Sergio. Ci sono due sistemi:
      1) Chiedi al notaio Italiano di preparare una normale autentica. E di aggiungere una “apostille”. Se non sa come fare … vai da un’altro notaio.
      2) Al consolato USA, servizio “apostille”.

  9. Carol Lewis 16 May 2013 at 2:36 pm - Reply

    My father has lost capacity through dementia. He lives in the UK, has Italian nationality and owns a house in Italy which he bought a few years ago. His three children also live in the UK and I am his attorney under an English Enduring Power of Attorney which I have been told by the consulate has no validity in Italy.

    What must I do either to keep and rent out his Italian property or to sell it. What organisation in Italy safeguards the interests of people who lose capacity, and do they keep the proceeds of the sale or must they be placed with a trustee? Do they have a website?

    He has not made a will either here or in Italy. What do we have to do on his death?

    Sorry to ask so many questions.

    • Stefano L Tresca 16 May 2013 at 2:49 pm - Reply

      Carol I can’t provide a full consultancy in a comment. But you are right. Enduring power of attorney have a limited value in Italy. For instance, if you want to refuse/manage an inheritance, you need a special power of attorney.

      Sadly no institution safeguard this interests trough a simple request. If you send me an email with a detail of what you want to do (i.e. rent? sell? where is the property?) I will provide a few tips and put in contact with one of my colleagues (or reply myself, if I can help directly).

  10. Romano Di Donato 7 June 2013 at 8:18 am - Reply

    Dear Stefano (and Carol),

    I am an Australian lawyer (and a public notary).

    I am about to advise a client in similar situation as Carol’s father (a general enduring power of attorney), but the enduring attorney wants to appoint a representative in Italy to carry out a real estate transaction. In Australia, normally there would be no problem so long as the enduring power of attorney is unrestricted and permits delegation.

    Is there a Italian law (or treaty) that permits powers of attorney from non-EU countries to be recognized for use in Italy? Even for enduring powers of attorney? Notaries in trade centres in Florence or Rome or Milan or Bologna must surely know?

    • Stefano L Tresca 8 June 2013 at 5:07 pm - Reply

      Dear Romano, a general power of attorney is valid in Italy if certified WITH APOSTILLE (or by the Italian Consulate). Since real estate and inheritance are a delicate matter, I would suggest to get a more specific power of attorney. Said that, if the general power of attorney is draft correctly, and the case is straight (i.e. sell a house, not manage a complex inheritance), the notary public will probably accept a general power of attorney too.

  11. Lindsey 22 June 2013 at 5:45 pm - Reply

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  12. Janet Schindler 28 June 2013 at 12:43 pm - Reply

    Dear Stefano,
    I would like to know please if a bill (parcella proforma) sent via email for lawyer’s fees is legal.
    My Italian lawyer sent me a bill just a few days ago and I questioned it so she is now threatening “coato”, claim on property, to recuperate.
    I was supposed to get an award from the Italian Govt. I won but the money is blocked for technical reasons much too complicated to get into right now.
    She is asking for 60 per cent and the case is still ongoing.
    She never had to go to court she just filed some papers (ricorso per riparazione per ingiusta detenzione).
    Sorry to be so long but doesn’t she have to send a bill via registerd mail? Is an unsigned internet bill enough for her to go to a judge and get an injunction ? She is becoming nasty in her emails and I feel harrassed.
    By the way I am living in France.
    Thanks so much.
    Janet

    • Stefano L Tresca 5 July 2013 at 4:38 pm - Reply

      Hi Janet, nasty situation for me as well. I am a lawyer too, and I can get nasty when clients don’t pay (smile). From a professional point of view, I should pass. From a human point of view, maybe you can propose your lawyer to split your price (?). In short, if she solve the “technical reason” she can keep her bill + a bonus.

  13. paul newton 5 July 2013 at 2:57 pm - Reply

    Hello Stefano,
    Picking up on an answer above, it is now just past 1 year (1st June) when my wifes father died in Italy, we live in UK. We have only just been asked to give a relative power of attoney, but are not sure whether to trust him, as his family could benefit from the property.
    Have we missed our opportunity to inherit because 1 year has passed without agreement? Thank you

    • Stefano L Tresca 5 July 2013 at 5:25 pm - Reply

      You have 1 year from the start of the inheritance to prepare a due diligence and REFUSE the inheritance.

      In your case, it seems that you are more worried about NOT ACCEPTING the inheritance. This is more a case by case reply. However, it’s usually not a good sign that you haven’t get any papers in 1 year. Maybe you would like to ask to a local lawyer, to check the Land Registry. If the inheritance has been managed correctly, nobody will know that you didn’t trust your relatives.

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    • Stefano L Tresca 28 July 2013 at 9:32 pm - Reply

      Personally I don’t care (smile). I don’t make money selling contents. If you do, probably the only solution is to establish a good reputation for yourself, not just your website. Good luck

  15. mirak 22 July 2013 at 4:54 pm - Reply

    an honor to deal with you

  16. MARCELLO ASTROLOGO 22 July 2013 at 9:50 pm - Reply

    I LIVE IN THE UNITED STATES, NEW YORK TO BE EXACT. I NEED TO GIVE MY SISTER IN ITALY POWER OF ATTORNEY TO SELL SOME PROPERTY AND ALSO SOME BANK PROBLEMS THAT HAVE COME UP AFTER MY DAD PASSED AWAY IN MAY. I WAS TOLD TO GO TO THE ITALIAN EMBASSY BUT THEY TELL ME NO BECAUSE I AM NOT AN ITALIAN CITIZEN. WHAT DO I DO?

    • Stefano L Tresca 28 July 2013 at 8:58 pm - Reply

      Hi Marcello, probably they gave you a wrong advise. It’s the Italian Consulate, not the Italian Embassy, that usually certify a power of attorney. Even better, go to an attorney, it’s fast and (in the US) the cost is very small.

      To be used in Italy, the power of attorney need an apostille (tell the attorney, he will know. Or read the post in this website).

  17. Tim 26 July 2013 at 2:06 pm - Reply

    Stefano, an Italian citizen living in Italy wants to sell property in New Jersey and appoint his attorney as POA to sign the deed etc. Can the seller simply have a POA created pursuant to NJ law by his NJ attorney executed in Italy in front of a Italian Notary, or is a special form required? Many thanks.

    • Stefano L Tresca 28 July 2013 at 8:19 pm - Reply

      I would strongly suggest to NOT use a New Jersey power of attorney. I have been appointed by POA many times in New Jersey and New York because the high number of Italian-American in the area (mainly to manage inheritance, trusts and real estates). A USA POA often doesn’t work or force you to pay more transfer taxes in Italy.

      Contact a real estate lawyer or a public notary used to deal with US clients. Ask them to write the POA and translate it in English. Just my opinion.

  18. Mioti Law 27 July 2013 at 9:27 am - Reply

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  19. m. hood 28 July 2013 at 2:24 am - Reply

    Very Interesting! Thanks

  20. gagner 28 July 2013 at 6:59 am - Reply

    Thanks for sharing excellent informations

  21. Rash 29 July 2013 at 7:32 am - Reply

    Hi
    Iam an Italian citizen living in Australia. I want to make a power of attorney so i can allow my father to sell my car back in italy. I went to the consulate but they gave me an appointment 1 month from now and i need this to be done asap. Could you suggest me other cheaper options so its done in a few days???

    • Stefano L Tresca 8 August 2013 at 2:43 pm - Reply

      I don’t think there is a cheaper option. Surely there is a faster option. Going to a local solicitor or notary public. In a main city they can provide the apostille in 1-3 days. Good luck

  22. Alison 4 August 2013 at 10:46 pm - Reply

    Dear Stefano
    I hope you can help. I live in Liverpool, UK and am a British citizen. need to get an ‘atto di procura’ ASAP to authorise my ex partner (an Italian citizen) to sign the rogito on my behalf on our property in Italy as I am unable to travel to Italy to sign it. I’m totally confused as to whether I can go to any lawyer or if I need to go to the consolato (the one nearest me is closed for the summer in good Italian style 🙂 ) Do you have any idea what is the quickest way for me to organise this?
    I would appreciate any pointers in the right direction.
    Grazie Mille

    • Stefano L Tresca 8 August 2013 at 2:55 pm - Reply

      Hi Alison, this is tricky. In general a UK solicitor and the Italian consulate provide the same service: they certificate your signature. They both send the certification to the Foreign Office for the apostille. So you can use either a UK solicitor or a Consulate.

      However real estate sales in Italy requires a public act (an act with special features, usually done in front of a notary public). You can still use a solicitor but if the act isn’t done properly, it will be invalid. Usually the Consulate doesn’t provide a consulting service, and a normal UK solicitor will not know how to do document either. In short: better than you ask to the notary public in Italy or to a solicitor with Italian-International experience.

  23. Roxanne 10 August 2013 at 12:49 am - Reply

    Good day! I have a question, my parents passed away in Italy , I do not know if they made a will, but they have a home and it’s just sitting there. I have sisters in Italy and for some reason every time I ask about the house if we can sell it, they always change the subject! I don’t know if they are hiding something from me?possibly a law I’m not famailiar with? It will be almost 3 yrs my parents passed away. Can you please tell me what I can do, or if they are hiding something from me? Thank you so much! Roxanne

    • Stefano L Tresca 27 August 2013 at 11:49 pm - Reply

      Hi Roxanne. I don’t know if your sister is hiding anything. But I can tell you that – in order to sell the house – you should register the inheritance. This is NOT automatic.

      If there is no will, you still have the right to a piece of the cake (Italy always protect the children of the deceased, even against the will).

  24. Brian 10 August 2013 at 1:59 pm - Reply

    Hi Stephano, if I sell ipad and other hardware to Italy from another European country, do I have to pay VAT?

    • Stefano L Tresca 28 August 2013 at 12:53 am - Reply

      Short reply: yes
      Long reply: appoint an accountant. Never mess with intra-European VAT just to save some money.
      Experienced reply: Hardware has been used to commit huge VAT fraud in the past (search on Goggle “VAT carousel”). If you are honest, as I am sure you are, I would not go there. Not with me anyway!!!

  25. Quince 24 August 2013 at 5:20 pm - Reply

    Great post however I was wanting to know if you could write a little more on this topic and provide a template? I’d be very grateful. Thank you!

    • Stefano L Tresca 28 August 2013 at 12:14 am - Reply

      Templates are coming in September. Promise!

  26. Andrea 27 August 2013 at 6:18 pm - Reply

    Dear Stefano,

    I am hoping you can help me as you seem to be quite knowledgeable on POA. I am a Canadian Citizen living in Canada and have a friend living in Italy who would like to make me their POA and beneficiary, immediately. I am considering it but I would like to know if, by doing so, there are any risks for me and if I would have to givve out personal information.
    Any advice you can give me would be greatly appreciated.

    Grazie Mille

    • Stefano L Tresca 28 August 2013 at 12:40 am - Reply

      Dear Andrea
      1. I don’t see a big risk, but – yes – there are some risks. For instance, you purchase something and your client/friend doesn’t pay the settlement, I bet that the seller will ask you the payment.
      2. Yes you have to provide personal details to file the POA. Also you probably have to register for an Italian identification code (Codice Fiscale). Not mandatory all the time, but helps.

  27. Lori Twin 27 August 2013 at 6:57 pm - Reply

    Great blog! I’m a lawyer as well and I’m hoping to start my own blog soon. Any suggestions? Thank you!

    • Stefano L Tresca 28 August 2013 at 12:48 am - Reply

      Write one post today. Anything you like. THEN you can go online and learn from others. I would not suggest this strategy to everybody, but lawyers tend to plan to much. Act now, break that psychological barrier, and everything will look simpler. Just my idea!

      • Floriano 12 March 2015 at 9:33 pm - Reply

        Hi Stefano, if a parent who is from Italy naturalized in the states in the 60’s left a small land parcel, can I both engage italian citizenship and live on that inherited land and leave north america. I have read so much everywhere and am young so not knowing what path?? molto grazie

        • Michele Spadaro 14 March 2015 at 9:15 am - Reply

          No, you cannot (in this way). But, if you rent this land, you can ask for a peculiar permit of stay that let you live in Italy without working
          Rgs
          Michele

  28. Joe 10 September 2013 at 1:36 pm - Reply

    Hi Stefano,
    I am in the process of doing a “Procura Speciale” with an Italian Notairo and have found an English Notario to deal with this in the UK on behalf of my sisters. I need to translate the document into English, which most of it is Italian law and regulations. I have tried to translate it myself, but it’s beyond my capabilities as it is to technical. Do you know where I could find this in English?

  29. Carla Salentino 29 October 2013 at 12:12 am - Reply

    Dear Stefano
    I have just obtained a procure Generale from the Italian consulate to act on behalf of my father to deal with the inheritance of his deceased sisters house and the sale of it to a family member (unfortunately there is no will) Firstly do you know if it is essential for me to travel to Italy to sign the necessary contracts for these 2 transactions or can they be emailed/faxed to me.in the UK?
    I will also need Power of Attorney for my father in the UK. Can I use the Italian procura or do I need to apply for an English one?
    Finally I read in one of the earlier comments that the nominated person for the procuraI needs to have a codice fiscale iThis was not mentioned to me at the Italian consulate and I do not have one – is this a problem?
    Many thanks for any advice you can give.

  30. Wendy 30 October 2013 at 10:05 pm - Reply

    I own property in Italy. I am trying to appoint a friend to be power of attorney for my land, to act on my behalf, as I am currently living in America. Would I need to visit an Italian Consulate and have a document prepared in an Italian porcura to be notarized and send to my friend. Please help????

  31. Biju 3 November 2013 at 5:33 pm - Reply

    Halo Stefano,

    I would like to buy an italian registered car from a lady of french Nationality. She wrote to me that she has a power attorney to sell her car along with all the necessary documents of the vehicle. But unfortunately, i do not know how to proceed with this transaction. Would you please help me if i forward you all emails that I have received from her. Once she give me the power of attorney, can I go ahead with the procurement of the car? What are the legal procedures for registering the car in my name?

    Thanks

  32. Daniela 21 November 2013 at 1:30 pm - Reply

    Hello, My father in law gave a POA to his brother in law in Italy to sell a property. We recently found out that they sold the property and kept the money. They have not responded to us and now in the mean time my father in law passed away. We are not sure if he gave them a general POA or “speciale POA”, my question is if they have a general poa can they still act on his behalf after his death? Thank you Daniela

    • Michele Spadaro 25 November 2013 at 7:59 am - Reply

      No. With the death of your father-in-law, the POA expired.
      Michele

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  34. Massimo De Vito 7 December 2013 at 12:19 am - Reply

    Stefano: Thanks for this really informative post!

    If an Italian citizen lives in the US and has an international power of attorney drafted, does it matter if the text is in English or Italian? I am wondering if it might be easier to just have it translated to Italian afterwards, and have the translation notorized.

    • Michele Spadaro 10 December 2013 at 5:58 am - Reply

      Obviously that should be translated and notarized, in order to be used in Italian transactions.
      Michele

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  36. Sara 1 March 2014 at 6:39 pm - Reply

    Hello, does a special POA made to sell a house expire if the person who has been given power attorney dies or can someone else related to that person take over the house?

    • Michele Spadaro 3 March 2014 at 6:33 pm - Reply

      Hi Sara,

      POA is personal. If the person who gave the POA to sell is died, the POA is ineffective and you need to have a new POA by the heirs

  37. Rosemarie 10 April 2014 at 1:05 am - Reply

    Hi,
    My mom’s aunt died without a will last month. She had property. she had a bank account. My mom does not live in italy anymore, she has lived in America for the past 55 years. We went to italy and she had a power of attorney for her nephew drawn up by a notray. Also acquired a codice fiscale. Recently we were told her bank, Bank Fideuram requires a separate proxy for her to cash the check for her portion of the balance remaining in the account? Should not the power of attorney suffice? Please advise.

    • Michele Spadaro 16 April 2014 at 11:42 am - Reply

      Hi

      It’s all up to what is written in the POA drawn up by the notary (if included the power to cash)
      Michele

      • Rosemarie 23 April 2014 at 1:09 am - Reply

        I mentions only the sale of the property and the sale of the furniture. So, I assume she will need another one to mention the liquidation of all bank accounts of the deceased. Where is the best place to have this done. We live in California and the relative she is giving the power of attorney to is in Italy? What is the approximate cost for this?
        Thanks

        • Michele Spadaro 23 April 2014 at 7:49 am - Reply

          I will give you an answer soon

  38. Giovanna 14 April 2014 at 7:20 am - Reply

    My mother lives in Australia, her mother passed in 1992, in that same year my first cousin (ie: son of my mother’s sister) came to Australia with a procura guessing (generale. He had this document signed by each other sibling (ie: my mother, her other sister and two other brothers). However, he held the document in his hand and only showing them where to sign and I do not believe they were given an opportunity to read this document, nor do I believe each signature would have been witnessed by a notary or a justice of peace here. What are the circumstances for a document of this type to be valid? I don’t know whether he had visited the Italian consulate here in Australia before returning to Italy. Have they breached any laws in this case? I am curious to learn as this has been weighing on my mind. Thanking you, kindest regards, Giovanna.

    • Michele Spadaro 16 April 2014 at 11:45 am - Reply

      Hi Giovanna

      From what you refer, it doesn’t seem that document is valid.
      Rgs
      Michele

  39. Janin 9 May 2014 at 12:18 pm - Reply

    Buongiorno Stefano,
    your blog is very helpful and interesting.
    We are in the Dominican Republic considering to buy a property in Umbria. We intend to do it with a PoA.
    Can this document be drawn up by an Italian laywer and then authorized by a local (Dominican) notary. Does it have to be apostilled?
    Is it necessary that I and my wife get the ‘codices fiscales’first?
    Grazie.
    Ciao
    N & J

    • Michele Spadaro 13 May 2014 at 10:10 am - Reply

      Hi Janin,

      POA can be drawn by an Italian Lawyer (I am an Italian Lawyer), then your notary will authorize it. It will be apostilled.
      You needn’t to get “codice fiscale” (codice fiscale is given to the foreigner that get a permit of stay and lives in Italy).
      Rgs
      Michele Spadaro

  40. Roberta Barazza 24 June 2014 at 8:43 am - Reply

    Salve. Siamo 4 fratelli residenti, 3 di noi, in Italia, mentre una mia sorella vive in USA. Una zia deceduta da poco ci ha lasciato, tramite testamento olografo, un conto in banca e la sua casa. Noi 3 abbiamo già ottenuto parte dei fondi dalla banca mentre mia sorella, residente in USA, ha difficoltà a ricevere i soldi dalla banca perché non ha residenza in Italia e non ha il conto bancario in Italia. E’ un vero problema o la banca temporeggia per convenienza propria? Come può mia sorella ricevere i soldi che le spettano? Grazie, saluti, RB

    • Michele Spadaro 25 June 2014 at 6:33 am - Reply

      E’ un problema ma si può risolvere. La sorella che vive negli USA può lasciare una procura con facoltà di incasso ad uno o più di voi, che potrete poi presentarvi in banca per la sua parte.

  41. nadia 20 July 2014 at 3:42 am - Reply

    Hello Stephano, I have a question my husband’s grandather’s brother is the only one that’s left in Italy along with my husband ‘s grandmother, he asked us to send him a procura generale for him to send out the money that the grandfather left for my husband cause my mother in law died and she was the only child so now everything goes to my husband, but we have concern that he’s stealing from us, does that procura gives him the attorney for everything now??? we should of not given him the power??? can u help us with that…he has the house which he lives in with the grandmother that is dying soon..,can u help please.,,thank you

  42. Maria Oreo 18 August 2014 at 12:57 am - Reply

    My father passed away 3 years ago in Canada (mmigrated from Italy in the 1950’s.) This year my cousin called and wants my brother and I to take a 1982 procura generale my father did appointing his Dad who is know dead and make a procura general with my name and my brother’s but now give him power of attorney. The irony is my Dad sold all our property to my cousin. If my cousin did not change title to his name and I go ahead with this procura will I possibly have to pay inheritance taxes, or any other taxes.

    I reside in Canada.

    Thanks for your ehlp.

    • Michele Spadaro 21 August 2014 at 2:55 pm - Reply

      Hi Maria,

      When you write “my Dad sold all our property to my cousin”, do you mean they entered into a deed in Italy (your cousin directly, and your dad “through” the procura you mentioned) ?
      michele

      • maria 16 January 2015 at 9:51 pm - Reply

        I just found out that the property is still in my Dad’s name in the Catasto. I believe my cousin’s never changed the deed into their name but my understanding is my father sold them the property.

        • Michele Spadaro 17 January 2015 at 5:51 am - Reply

          So, definitely, you should ask to your cousin why he needs your procura, if the property is still in your dad’s name. Maybe he wants to sell that property to other persons?

  43. twitter.com 20 August 2014 at 8:25 pm - Reply

    You’re an awesome copy writer. I have subscribed to your website cos I’d rather not miss the next posts

  44. Bonnie O'Neill 13 September 2014 at 9:48 am - Reply

    Hi Michael

    My son Michael is Italian but we live in New Zealand. His father passed away when he was little and recently both his grand parents have passed away too.

    We need a procura that gives his Aunty and uncle power of attourney over his affairs in Italy as there is some property that needs to be sold.

    I live in Auckland and am not sure what I need to do. I have heard I may need to go to wellington to see the only lawyer there that can do this for me and then go to the Embassy to get it signed. Do you know of any other easier options?

    Thanks

    Bonnie O’Neill

    • Michele Spadaro 19 September 2014 at 5:28 am - Reply

      No. That’s correct.

  45. Bonnie O'Neill 13 September 2014 at 9:50 am - Reply

    Hi Stefano sorry I was following the wrong thread!!

    My son Michael is Italian but we live in New Zealand. His father passed away when he was little and recently both his grand parents have passed away too.

    We need a procura that gives his Aunty and uncle power of attourney over his affairs in Italy as there is some property that needs to be sold.

    I live in Auckland and am not sure what I need to do. I have heard I may need to go to wellington to see the only lawyer there that can do this for me and then go to the Embassy to get it signed. Do you know of any other easier options?

    Thanks

    Bonnie O’Neill

  46. John Frey 10 November 2014 at 8:20 pm - Reply

    My mother-in-law was born in Italy, now lives in Largo Florida, and became an American citizen in 1952. My wife and I live in New Jersey. She has 4 brothers and sisters living in Italy. Their parents house is now on the market for sale, and she must give Power of Attorney to a brother. The Italian Notary prepared a Procura, and they told us we must take her to the Consulate in Miami. I have communicated with the Consulate numerous times and get different reasons why they can’t do it. They said she must live in Miami, then they said they need the Procura emailed in Word document (I did), then they said she must be Italian citizenwith Italian passport(she only has American passport). She is elderly and fragile, and we must fly to Tampa to pick her up, and then drive her 5 hours to Miami, so we want it to proceed smoothly, but after many weeks I am getting nowhere, What do you suggest I need to do? My wife, her daughter, has POA over her in the States.
    Grazie

    • Michele Spadaro 14 November 2014 at 7:33 am - Reply

      Dear John,

      I don’t understand why your wife should go to Miami if she lives in New Jersey. And, besides it, she is American, not Italian. So, what I think is that the procedure the Italian notary wants to do is not correct, maybe he thought that your wife was also Italian.
      I can give you my legal advice, let me know if you need it.
      Rgs
      Michele

  47. Naomi 27 November 2014 at 4:48 pm - Reply

    My sister, who was a British citizen, died of cancer in Italy 3 months ago. We were told that she had made changes to her will, shortly before her death. As she had changed solicitors, we don’t seem to be able to get any information.
    She kept in touch but was somewhat confused as she was on strong pain medication. Is it possible for us to find out who the notary is or do we just have to wait? As family members do we have the right to see the will even if she removed some of us from it?

    • Michele Spadaro 2 December 2014 at 7:37 am - Reply

      No to your first question, yes to the second one.
      Rgs
      Michele

  48. mary 2 February 2015 at 11:27 pm - Reply

    Hi, my dad was from Italy he passed away in 1980.He was left the house he grew up in Italy.His sister has lived in the house ever since and she died a few months ago.My fathers other sister say we need to provide our birth certificates and they will bring them to Italy.Does this sound right to you?I am leary about my birth certificate being brought to Italy.She says she needs to provide proof he had children because he was single when the house was willed to him.Please respond as soon as possible.Thank you!

    • Michele Spadaro 7 February 2015 at 10:28 am - Reply

      It is correct. If you want to feel ease with it, you and your siblings can give me POA to manage the matter with your aunt.
      Rgs
      Michele

  49. Laura Ruszczynski 16 February 2015 at 9:57 am - Reply

    Good day Michele. My brother was given power of attorney for my late mother’s bank account in Italy, before she passed away in 2009. My question is this – should the bank account have been included in my mom’s estate, or could he make a decision to close the account after her death without advising the other heirs to her estate? We are five siblings all residing in South Africa. I was one of the executors of her estate, and would like to know how we can obtain details about the bank account she held in Italy? Many thanks, Laura.

  50. Laura 17 February 2015 at 11:38 am - Reply

    Good day Michele. We are 5 siblings all living in South Africa. Both my parents lived here from 1960 up to their deaths, my dad in 2004 and my mom in 2009. My eldest brother was given POA for my mom’s bank account in Italy in 2007. My question is this: should that bank account have been included in my mom’s estate (of which I am one of the executors, my eldest brother being the other), or would his POA still have been effective after her death for him to be able to close the bank account? Is there any way that that we can obtain details of the bank account, as we have reason to believe that some of the money was meant to be shared by all of us.
    Any advise would be mush appreciated. Many thanks.

    • Michele Spadaro 21 February 2015 at 6:27 am - Reply

      Dear Laura

      The fact that your eldest brother had POA for the bank account in Italy doesn’t mean that he became the only owner of that account. After closing, he should give an account of what is left.
      You try amicably with him, otherwise you should open a case in Italy.
      Rgs Michele

  51. Joanne LaMattina 23 February 2015 at 5:31 pm - Reply

    My father was born in Italy but is now a US citizen and lives in the US. He owns property in Calabria and his sister has been paying the taxes for him. He gave her a POA years ago and he says it’s now expired. What type of POA can we do in the US for my aunt to use in Italy. My father is ill and will not be traveling to Italy any time soon.

    • Michele Spadaro 28 February 2015 at 8:12 am - Reply

      what does he mean with “expired” ? was the POA “time-limited” or else?

  52. Maurizio Lo Papa 24 February 2015 at 6:08 pm - Reply

    Ciao Michele, My wife had an uncle in Italy that passed away. His wife died and his only son died. Who is entitled to collect his estate (Properties and money)?

    • Michele Spadaro 28 February 2015 at 8:13 am - Reply

      Did he die without lefting any will?

      • Maurizio Lo Papa 3 March 2015 at 1:23 am - Reply

        He left no will! Now what do we do?

        • Michele Spadaro 7 March 2015 at 9:18 am - Reply

          Hi Maurizio:

          – this uncle of your wife has living brothers and/or sisters? Living father/mother? Living grandfather/mother?
          – if he has no living brothers/sisters/etc., are there sons of brothers and/or sisters of him?
          – is he related to your wife because she is daughter of his brother/sister?
          – did his only son and wife die BEFORE he died?

          Rgs
          Michele

          • Maurizio 26 March 2015 at 2:53 pm

            He has a living brother and sister and my wife’s Father is dead but he was alive at the time his brother died! His only son and wife died before him.

          • Michele Spadaro 27 March 2015 at 7:31 pm

            So, his living brother and sister are entitled to inherit his properties, and also the sons of your wife’s father (that is: your wife! If she is the only daughter of him, she inherit the full quote of her father).

  53. sil 8 March 2015 at 1:04 am - Reply

    Hi
    My parents have property in Sicily and one of our relatives would like to buy it. My parents can not travel– can they sign the deed in the US? can you please let me know the necessary steps that need to occur.
    Thank you

    • Michele Spadaro 14 March 2015 at 9:17 am - Reply

      No, the deed have to be signed in Italy, before a notary. While, if you cannot come in person in Italy to sign the deed, you can give POA to anyone in Italy through US.
      Rgs
      Michele

      • sil 14 March 2015 at 9:39 pm - Reply

        thank you. Can you please advise what our next step would be to create the POA. My parents are located in the capital district of NY (Albany NY).

        thank you

        • Michele Spadaro 20 March 2015 at 7:11 pm - Reply

          They should go to a notary and write a POA to sell their property (this property have to be identified precisely, according to what results from the Italian records – Conservatoria Registri Immobiliari): mentioning that the deed will be done with “name of the buyers”, according to Italian laws (but, if anything particular should be agreed with the deed, besides the mere purchase, it should be specified in the POA, because the nominee should have the full powers to sign in respect to the definitive content of the deed).
          In the POA, obviously, the nominee have to be identified fully.
          The POA should be in English, with oath by the notary, then translated into Italian and apostilled

          • sil 22 March 2015 at 12:33 pm

            thank you– is there anywhere in the capital district (Albany NY)-that they can go to – to create the POA?

          • Michele Spadaro 27 March 2015 at 7:25 pm

            This I can not know, I am in Italy 🙂

  54. Angela 15 March 2015 at 10:22 am - Reply

    Ciao Michele, my grandmother died in Italy about 9 years ago and the family house was left to the children, Some live in UK and soome in Italy. Some of those children have died since and left surviving children. The property has been empty for around 7 years and may be uninhabitable and may even need repair to make it non dangerous to public. My Father, an Italian national, living in UK has been asked to go to Italy to sort things out. We are worried that he will get there to find unpaid local property taxes and repair costs. What are his liabilities? We have heard that after a period of 10 years of abandonment the Government take the property, is that true? If he should go to Italy what should he look out for and who should he contact first? Does any liabilities that the sons and daughters incur pass down to their children?
    Sorry it’s a long question.
    Thanks
    Angela

    • Michele Spadaro 20 March 2015 at 7:16 pm - Reply

      Hi Angela.
      In Italy, the heirs of an estate have to accept it within 10 years from the death of the owner, otherwise they are meant as if they gave up to it.
      Obviously, when they accept, they have to pay every taxes related to the estate, even the past ones.
      So, if your father didn’t accept, he should evaluate if “the game is worth the candle”, or if, between expenses and taxes, he (and the others) should pay a high amount before having the possibility to get anything from it.
      To know if there are payments to be done, he could ask to the Municipality where the estate is located.

  55. Sammy 19 March 2015 at 11:59 am - Reply

    Hi Michele- first thank you for such a valuable exchange of information. My father (who lives I Australia) and his siblings (in Italy) have been disputing the division of the family home – following the death of his remaining parent. My father was not in agreement with how they divided the property (the method and nor the outcome) but the division went ahead (apparently a relative had a procura and he signed for my father) and it has been ‘registered’. The papers have not been through final approval (presumably at the registry office) however because my father refused to sign. What steps does my father need to take to dispute the division without involving the courts?

    • Michele Spadaro 20 March 2015 at 7:24 pm - Reply

      Sorry, the Court should be involved.
      Rgs
      Michele

  56. Karen 14 April 2015 at 5:37 pm - Reply

    Dear Stefano L. Tresca,

    My grandfather passed away in 2006, but the inheritance has not been released to his children, as one of them believes she is entitled to all of the property and assets and refuses to sign the from accepting her share. My uncle has been advised by the Italian Consulate in Australia, and by his lawyer that unless all the heirs sign, the document will not be legal, and cannot be submitted to the court or if in the case it is, without her signature, the court will throw it out. At this point, he has been advised that if she does not sign the document along with everyone else, then no one can receive their share of the inheritance. I’ve attempted to help him by looking at the Italian Civil Code, and other sources of information to determine if there is a way they can still submit their claim, without her signature, so at least when the time expires, the court will see that accepted their share. Could you please tell me if my uncle has received the correct legal advice? Surely, there are legal options when one of the heirs doesn’t agree to the inheritance, that will allow the other heirs to at least accept their share.

    Thank-you for your time.

    Karen

    • Michele Spadaro 18 April 2015 at 7:54 am - Reply

      Sure thing, Karen, there is a way.
      Unfortunately, today is a busy day for me, but tomorrow I should give you the right hint to come up with this issue.
      Rgs
      Michele

      • Karen 19 April 2015 at 1:58 am - Reply

        Dear Michele Spadaro,

        Thank-you for taking the time to respond to me. I look forward to finding out if there are any other legal options available in this matter.

        Thank-you,

        Karen

        • Michele Spadaro 20 April 2015 at 5:33 pm - Reply

          Hi Karen,

          As I promised you, I am giving you a hint about your case.
          The “reluctant” child has time until 2016 (exactly, until the moment 10 years will pass from the death of your grandfather) to accept her share. If the time passes, she is considered as she gave up her share, so the others can go ahead without her.

          As a variant, if you don’t want to wait until 2016, you can issue a legal application with an Italian judge, to ask that a term is fixed to the person in order to accept or give up

          Rgs
          Michele

          • Karen 20 April 2015 at 9:42 pm

            Dear Michele,

            Thank-you very much for your timely and helpful response.

            My Uncle has been advised that as both himself and his siblings cannot accept their inheritance without her signature that they too will lose their inheritance when the time lapses, as they will not submit any signed documentation without her signature too.

            Could you please tell me if this information is correct and if there a way for them to submit their acceptance without her?

            Thank-you again for your time.

            Karen

          • Michele Spadaro 26 April 2015 at 3:47 pm

            Hi Karen

            Obviously the other heirs should have accepted the inheritance.
            If not yet, they should hurry up with starting the judicial procedure to make haste to the reluctant sibling.

            I suggest that you all consider to discuss the point, then hire a lawyer (like me) to manage the case in Italy… before it’s too late!

            Rgs
            michele

  57. накрутка посещаемости 2 June 2015 at 1:25 pm - Reply

    Great post. Thx

  58. Gino 23 June 2015 at 5:44 pm - Reply

    Dear Stefano, I have a flat in Italy and the tenants haven’t paid rent for 8 months. My aunt wants me to sign a procurator specials so she can get them removed. Will giving her this power of attorney to sell the flat?

    • Michele Spadaro 26 June 2015 at 10:58 am - Reply

      It doesn’t seem to me that this is necessary. If you are the owner of the flat (as I understand), you can simply hire a lawyer that starts the procedure to send away the tenants (of course, I am legitimate as a lawyer before the Italian Courts).

      Rgs
      Michele

  59. Mike Antonelli 15 September 2015 at 4:37 am - Reply

    Hello Sir,

    My father, a U.S. citizen passed away in his retirement in Rome, Italy June 2014. He left a sizable inheritance of which I was excluded for the exception of 5k. I hired an attorney in Rome to see if they could secure my proper share, including his apartment and Italian assets. They asked me to perform a power of attorney, of which I did. I have received my 5k, designated by the trust, and my sisters and his girlfriend receiving quite a sum. How do I revoke the POA? I have sent e-mails to the Italian attorneys with no response which has me worried. They will not respond if his apartment has sold, nor his Italian assets. Could they have done something illegal/unethical since they have my power of attorney. Do I need to go to a Notary here in California to cancel the POA?
    Thank you kindly,
    Mike Antonelli

  60. Mike 2 October 2015 at 12:53 am - Reply

    Hi mike, my father just passed away in July, his property consisted of a condo and a piece of land. Then seperatly there is a house that he co-owned with his two nieces. ( 50% my father and 50% the nieces) two years ago we went to a lawyer in Italy and had first, a will drawn up that he passes the house on to me when he passes and then a seperate document that made me partner with him with the condo and the land, then at the time of his death makes me full owner. Is there a time period I have to claim, call or notify on what was left to me?

    • Michele Spadaro 2 October 2015 at 7:36 am - Reply

      Hi Mike,

      According to Italian laws, you have 10 years after the time your father passed away, to accept your position as “heir”. that means to accept your full position as heir, credits and debits together.
      Hope this answer fully to your doubts. Otherswise, please ask again.
      Rgs
      Michele

      • Mike 2 October 2015 at 3:51 pm - Reply

        Thanks mike for the fast response. Wow 10 years that’s a relief. Also, there is money in a bank and I was told in order for me to get it I need 3 documents. Death certificate, (got it), a notorized letter from my brother and sister stating they don’t want anything that my father left me, (got it) and a document called a ???succesione??? That needs my fathers two neices signatures on them. Why?

        • Michele Spadaro 9 October 2015 at 6:55 am - Reply

          that is “dichiarazione di successione”. The Italian Authorities need it to “know” that your father passed away and that there are possible heirs of his properties.

  61. Preto 7 October 2015 at 2:34 pm - Reply

    I just added this site to my reader, excellent stuff.

  62. Rollend 7 October 2015 at 2:45 pm - Reply

    I wanted to write you one tiny note to be able to say thank you once again

  63. Carter 14 October 2015 at 2:50 pm - Reply

    I have been surfing online more than three hours today, I have finally found the answer to my question
    Thanks buddy

  64. Constanzo 14 October 2015 at 3:38 pm - Reply

    Nice post. I learn something new and challenging

  65. frank 27 October 2015 at 10:40 pm - Reply

    Hello Mike, i received thru a testamento olografo an inheritance from my cousin in italy, i paid all the debts and taxes and after the judge ruled that i could i transferred most of the assets to the usa where I live, now we have a claim that the will may have been false. If the eventual judgment were to support this claim do I have to return the assets, I already have them in protected investments and I don’t think they could be touched, but i would appreciate your opinion (I transferred the assets two years ago) Thank you in advance

    • Michele Spadaro 30 October 2015 at 6:53 am - Reply

      Hi Frank, that could be not enough. If you’ll receive notification of the claim (I don’t understand if anybody already issued a claim in a tribunal or not), you should contact me again.
      Rgs
      Michele

  66. Lidia 13 November 2015 at 9:59 pm - Reply

    Saluti Michele,
    My uncle passed away in April this year and has left a parcel of land and sizeable investments. He has no children and not married. He had two brothers both of whom died before him, both his brothers were married and both had children. One of the wives is still alive – is she entitled to a share of her late husband’s share of the estate or do the children inherit it all?
    Your help is very much appreciated. Grazie.

    • Michele Spadaro 19 November 2015 at 7:48 am - Reply

      She will inherit a share.
      Rgs
      michele

  67. Luke Maffei 19 November 2015 at 12:07 am - Reply

    Hi Michele,
    Our aunty in Italy recently passed away and it appears no will has been left, though she did say that a will existed (olografo), we suspect one of our cousins has destroyed it, but this is obviously difficult to prove. Nonetheless, my mother has a power of attorney in Italy, however if she wished to cancel that and give me power of attorney, how would we do that here in Australia? Appreciate that I would have to fly to Italy and sign doucments, however we have had bad experiences with POA before…
    Regards Luke

    • Michele Spadaro 19 November 2015 at 7:51 am - Reply

      Hi Luke,

      it depends on what is written on the POA of your mother. I should see it.
      Rgs
      michele

  68. Sara 24 December 2015 at 2:56 pm - Reply

    My uncle wrote my sister and I out of my grandmothers will a few months before her death. We have been included in her will for our entire life. Are we powerless to fight this? We are American citizens but are registered as legitimate children of our Italian father (who passed away about 9 months before our Nonna passed) We have also successfully inherited a previous property inheritance directly passed down from our father at the time of his death, but were appointed to receive his half of her estate upon her death. (Uncle wrote us out of the will three months before her passing) All of our surviving Italian relatives (except my Uncle) are aware of this previous will and can vouch for its previous legitimacy.

    We were there in Italy when our father passed and our Uncle vowed that he would get our grandmothers entire estate and that we didn’t deserve any of it.

    It’s a very large estate with multiple properties and an extensive valuable art collection and large family jewelry collection that was in a safe deposit.

    When we went over for Nonnas funeral, we weren’t included and he wouldn’t let us in her house to collect family photographs or our fathers paintings. (He was a fine art painter).

    What are the chances that we can at least have some of our inheritance, or even just half of our family photos?!?

    How often do people in our situation actually successfully contest something like this and how long might this fight take?!

    • Michele Spadaro 25 December 2015 at 8:53 am - Reply

      Hi Sara,

      it seems you will need to issue a legal proceedings in Italy called “divisione giudiziaria”: this means a judge will evaluate (through an appointed expert) the entire properties left by your grandmother, give them a price and order their sale; after that, the heirs will divide the money according to their shares. Alternatively, if possible, the properties will be assigned in parts to all the heirs, according to their shares (so, no sale).
      But it worries the behaviour of your uncle, that let imagine he can take away the paintings for his own and exclusive profit. It could be recommended to issue a legal proceedings to order the confiscation of assets, waiting for the “divisione giudiziaria”.
      Kind regards
      Michele

  69. Bianca 29 December 2015 at 8:40 am - Reply

    Dear Michele

    My mother inherited an apartment in Figgaratzi from her uncle. His wife however contested this and the apartment was allegedly sold after a court case and she was given a portion of the sale price. All this was handled by a cousin of hers to whom she gave full power of attorney. The process has been ongoing for 5 years and the last she heard was it has been lodged with the master and she must wait but this has been almost two years. What can she do and where can she find an English speaking attorney in that area ?

    Thank You very much !

    • Michele Spadaro 31 December 2015 at 10:14 am - Reply

      Hi Bianca,

      You should ask for some data about the case (Tribunale, number of enrollment, number of decision) from the the cousin.
      Rgs
      michele

  70. George 14 March 2016 at 5:22 pm - Reply

    Our parents are dual citizenship, Italy & USA. They raised us in the U.S. and later, retired in Italy. Our father passed in 11 and we transferred all our rights to money and property to our Mom to avoid getting taxed by Italy.

    Our Mom is 87 and in her decline. She has asked us to bring her back to the USA to live out the rest of her years. She owns a home and bank account. I believe we need a General POA. Our concern is that one of us needs to stay in the U.S. with her while the other returns to Italy to sell the house, close all her accounts and transfer her bank account balance to a U.S. based bank account.

    Her only income is U.S. social security retirement and French Social Security, passed over to her after the passing of my father. My father worked in France after WWII long enough to qualify for France’s SS.

    Our next move is to fly to Italy, find an attorney and create the necessary documentation to allow us to take care of anything which may arise. Our mother will be permanently returning to U.S. on the tail end of the trip. At some point, we will return to get the property on the market and close all accounts so that when we leave, we will not be required to return to Italy to deal with any outstanding debts or taxation..

    She lives in Pordenone so if you know any good, qualified lawyers, we would really appreciate it..

    • Michele Spadaro 18 March 2016 at 7:16 am - Reply

      Hi George, you can contact me directly through the contact form. I am a lawyer based in Milan, and Pordenone is not very far away.
      Rgs
      Michele

  71. stephen di michele 17 March 2016 at 2:06 pm - Reply

    hi there, would be grateful for some general advice – i have two italian parents, both elderly, both need full time care. They both lived in England for many years and have property and money there but now reside in Italy. I need power of attorney to manage their affairs but am still unsure whether it is best to do this in Italy, or England, or do I need to do it in both countries.

    any help gratefully welcomed

    regards

    steve

    • Michele Spadaro 18 March 2016 at 7:09 am - Reply

      If they’re resident in Italy, then in Italy.

      Rgs
      Michele

  72. mary staolla 3 August 2016 at 10:08 pm - Reply

    My husband passed away in april,2016. Him and I both signed for a small piece of property(no house on it), back in 1984. I received a copy of the property description, via e-mail from my sister-in-law. The property was given to us from his parents. Only his name is on it. My question is: Do I have to have my 3 children sign a power of attorney including me, to give the property to my nephew who resides in Italy.Thats what the family is informing me. I was told to submit a death certificate with an upper seal on it, and the POA, signed and notarized, here in new York. Do I need anything else, and is this info correct?

    • Michele Spadaro 5 August 2016 at 7:35 am - Reply

      Hi Mary,

      I don’t understand if you want to keep the property, or not.
      Michele

  73. Nat 19 September 2016 at 3:39 pm - Reply

    Hi Stefano,

    My Aunt passed away last year and my brother and I are the only living relatives, apart from here husband. We both live in UK and born in Italy. We have been asked to sign a Procura speciale to give power of attorney to my uncle (through marriage ) and to renounce our inheritance. There is no will. We are unsure about this as my uncle says there is a lot of debt and he does not want this to be passed to us. He wants us to go to Italy and sign this in front of his notary before a year passes.

    Please advise what we need to know and ask for before we sign? We don’t want to risk anything being passed to us debt wise. How can we ensure this and also, would we be able to ask for what the inheritance is?

    HELP
    #
    Thank you!

    Thanks

    • Michele Spadaro 23 September 2016 at 7:40 am - Reply

      Hi Nat,

      as a matter of a fact, you cannot be sure if there are debts left from your aunt or not, if not after accepting the inheritance (and, after that, obviously, the debts would become yours). Unless, you hire a private detective to do some checks on public registries and see if the properties of your aunt are under mortgage or so.
      Rgs
      Michele

  74. Rosa 9 October 2016 at 1:19 am - Reply

    Ciao Michele would you please advise me if a general power of attorney needs notary seal along with signatures on all pages. I just found out that my properties were sold by family members and suspect that they falsified the power of attorney by copying on the last page only my signatures from an old power of attorney that was drafted in the 70’s by me. Any advice would be helpful as the power of attorney that they used is not stamped by notary from the US on any page but the last. Thank you.

    • Michele Spadaro 14 October 2016 at 11:16 am - Reply

      Dear Rosa,

      That is very suspect indeed.
      I suggest that, if you’re sure that the document is a fake, you should issue a legal case in a tribunal.
      Rgs
      Michele

  75. Susan 25 October 2016 at 8:59 pm - Reply

    Hello, and thanks in advance for your help. My niece is purchasing with her father a small home in Palmoli Italy. Both are US Citizens. They were in Italy earlier in the month, and have a contract of sale, and have put a down a down payment. Her father is returning to Italy ALONE, for the “close” and he needs a Power of Attorney for Chelsea, so he can sign the contracts/documents in her place. My niece is in Maryland. Are these the correct steps:

    1. Have a Power of Attorney written (in English) by a local Maryland attorney that is legal in the state of Maryland.
    2. Have this POA translated into Italian, using a translation service.
    3. Have both the English and Italian translation notarized by a local USA notary.
    4. Obtain an Apostille to authenticate the documents by going to the Italian Consulate, or the Italian Embassy, or use an Apostille service.
    My thought is that the notary will not necessarily want to notarize the Italian translation because they don’t know what it says.
    Thanks again.

    • Michele Spadaro 29 October 2016 at 11:16 am - Reply

      correct
      rgs
      Michele

  76. Tomas Killington 14 February 2017 at 2:30 pm - Reply

    I have a grandfather that is Italian, and my mom is concerned that there may be things that arise after his passing that my lead to contention within the family. I didn’t realize that in Italy on a public notary can legalize a power of attorney, rather than a lawyer and a notary in other countries. I’ll be sure my mother is aware of this Italian law.

    • Stefano L Tresca 14 February 2017 at 2:48 pm - Reply

      You are right Tomas. In Italy only a notary public can legalize a power of attorney. This is sometimes painful. Personally, I am a licenced lawyer both in Italy and in the UK, so I change my hat depending on the case.

  77. dino 20 February 2017 at 1:31 am - Reply

    Ciao Michele,
    My father who lives in Canada is one of 6 children of which only 4 are left including himself. One aunt has lived and managed the family home for over 20 years with assistance from my father. The house is now vacant and for sale. My father and my deceased uncle’s family have not given his procura to my aunt while my other 2 aunts have given their procura to my aunt. Is my father entitled to a share if the property is sold and does my aunt require his procura to do so? Thank you kindly.

    • Michele Spadaro 24 February 2017 at 8:16 am - Reply

      Hi Dino,

      just want to be sure I’ve understood: is “family home” meant as your grandfather home?
      michele

  78. Lasani Silva 29 March 2017 at 3:43 am - Reply

    where to make dichiarazione in Milan for bring my husband.
    I am Sri Lankan and my Husband is Indian, i went to comuna and they attested my sogorno, medical card and they gave me nulla osta, but they didn’t give me dichiarazione to bring my husband,
    Italian Embassy in New Delhi India asking that one too but comuna ppl not putting ”Marco dapolo ” on dichiarazione in Milan.
    I don’t know any Lawyer or any person who can help me,
    Please Help. Thanks

    • Michele Spadaro 31 March 2017 at 2:20 pm - Reply

      Hi Lasani

      you should ask for “ricongiungimento familiare” to Prefettura (not Comune).
      it can take up to 180 days to get the nulla osta for ricongiungimento familiare.
      I am based in Milan
      Rgs
      Michele Spadaro

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