The right of every condominium owner to inspect and obtain copies of condominium management documents is now a well-established principle: it is not a mere courtesy, but a right recognized by both legislation and case law. This article clearly and thoroughly explains what a condominium owner can request, the limitations that may be placed on their request, and the obligations of the administrator.   1. Essential Regulatory Framework The condominium reform (Law No. 220/2012) c

It's not uncommon, for someone living in Australia, to find old bank or postal documents, such as a savings book, a bank statement, or a letter from the bank, related to accounts opened in Italy by a deceased parent or other close relatives. It's natural to wonder if that money can still be recovered. Let's look at what you need to know and what to do.   What happens if the account isn't used for years In Italy, a bank account, or other financial dealings (such as a deposit,

With the 7 November 2025 ruling, the Court of Milan clarified the requirements for guardianship. The case : Tizio filed an application requesting the appointment of a guardian for his mother, Mevia, arguing that she was hospitalized at the nursing home and that she had certain medical conditions, as identified in a 2011 medical-legal report. He requested the appointment of a third party outside the family unit due to disagreements with his sister, Caia. Mevia, through her att

Child Support (Maintenance Payments) - Marriages between Italian and Australian citizens are very common, and unfortunately, separation and divorce are also common. It is therefore very common to have to determine which law applies to marriages between citizens of different countries. It is possible that one spouse lives in Australia and the other in Italy, and the divorce proceedings are initiated in Australia. Even if the divorce proceedings are pending before the Australia

Cases of Italian citizens residing in Australia, who are the beneficiaries of an inheritance in Italy, are increasingly frequent. In order to transfer the property into their name, the Italian citizen residing in Australia must have an Italian tax code. This is a very simple procedure for those citizens registered with AIRE (Registry of Italians Resident Abroad). However, not all Italian citizens residing in Australia are registered with AIRE. Let's see what the requirements

Testamentary Trust Italian Tax Code (Codice Fiscale) Under the Australian legal system it is common practice to establish a testamentary trust to manage the testator's assets after their death. Since under the Italian law there is no law governing trusts, a coordination issue arises between the two legal systems, the Italian and Australian. The first of these issues concerns the requirement for an Italian tax code issued in the name of the trust/trustee, which is essential fo

Condominium meetings call procedure.

The Case It may happen that a person living in Italy left a holographic will excluding from the inheritance one of the children living in Australia. Let's have a look at which law shall apply to such succession and what the rules are with respect to the rights of a child residing in Australia.   1. The applicable law. The first step would be to determine which law shall apply to the deceased succession: whether the testator's (Italian) law or that of the place of residence of

Many Australians own homes in Italy, either because inhedited from a family member or relative, or because they have purchased. Many of these homes are located in condominiums. Therefore, owners often are faced with face condominium-related issues, such as renovations or damages. One of these issues concerns the partition of costs for balcony renovations. Here is a recent ruling that clarified some aspects of the partition of costs for balcony safety. The recent decision of t

It is increasingly common, for a person resident in Australia, to inherit assets located in Italy from either a brother or sister who died in Italy. Let's see what tax requirements an Australian-resident must comply with according to the Italian Law to acquire the ownership of the inherited assets. According to Italian law, the first step is to file the succession declaration; this is a tax document disclosing to the Government the value of the inherited assets. By lodging th

If you’re an Australian heir to an Italian joint postal savings account, you no longer risk being stuck in limbo—the survivor can access their share right away, and you can claim yours separately without waiting for everyone else.

Introduction The tax code is the Italian equivalent of the Australian Tax File Number. It is used to identify an individual, whether a natural person or a legal entity, intending to conduct a business with tax implications. The tax code is also required in several cases for citizens residing in Australia. One of the most frequent cases is when an Australian resident inherits property located in Italy. If so, in order to claim the assets, the heir residing in Australia shall p

The Apostille It may happen that a person living in Perth, who owns a property in Italy, dies leaving a will drawn up in Australia. In order to obtain ownership of the property, the beneficiaries of the deceased estate shall enforce the Australian will in Italy. Let's see what the heirs residing in Perth shall do to enforce in Italy a will executed in Australia. According to Italian law, either for a public deed, a certificate, or a judicial document issued abroad, for exampl

Power of Attorney Formal Requirements. We know that a power of attorney is a document that allows a person to delegate someone to perform an activity in lieu of them and on their behalf. A Power of attorney is widely used among Australian citizens who need to manage their affairs in Italy, such as a sale, a gift, or the distribution of an inheritance. Let's look at the main formal requirements provided by Italian law along with the basic rules that an Australian notary must c

What the Italian law provides in case of intestacy and what are the rights of those survivors residing in Australia.

The Case It may happen that a person living in Australia is the beneficiary of an Italian estate where the deceased's debts are higher than the assets' value. Let's see what options the Italian law provides to a beneficiary living abroad.   The Waiver Under the Italian law, upon the inheritance acceptance the beneficiary would be liable of all the debts left by the estate. This means that the person accepting the inheritance shall also pay the deceased's debts, even if they e

Deceased estate registration An Australian resident, who is the beneficiary of a deceased estate located in Italy, is required to prepare and file some documents in order to register the property under his/her name. 1. Documents to be prepared in Australia These are the documents required in order to set out the deceased property registration process in Italy: • The deceased's death certificate. • Grant of Probate with the attached Will (if applicable) issued by the Probate R

The Case It may happen that an Australian citizen, born in Australia to a parent who is also an Italian citizen, would like to obtain an Italian passport. Let's see what the Italian law provides in these cases and what rights those living abroad would have. General Rule Under the Italian law citizenship is obtained by descent (" ius sanguinis "). This means that if one parent is an Italian citizen, the child is also considered to be an Italian citizen from the birth. Born Ove

Inheritance - succession estate Italy Where a person resident in Australia is inheriting a sum deposited either on a Italian bank account and/or a saving account and/or invested in financial instruments, certain documents shall be prepared, both in Australia and Italy, to be filed with the authorities of the latter country to finalise the transfer of those funds to the beneficiary. 1. Documents to be prepared in Australia To set out the payment process, the following document

The solicitor/party costs agreement entered in compliance with the provision of art. 1261 of the Civil Code, would be deemed as a valid agreement provided that the agreed fee is not disproportionate with respect to both the Court's outcome and the market rate, thus avoiding the stipulation of unfair agreements and protecting the general interest to prevent any abuse bearing damages to the client. Civil Cassation Court, N. 28914/2022