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Inheritances

notaioap — Wed, 18 Mar 2015 12:52:14 +0000

Testament is a common word. It appears often in fictional narrative, and we also use it in figurative expression (how many times have we hear the sentence “make the last will,” to comment on different situations and concepts?). That is why we all know what it refers to: a testament is the document by which a person decide to whom allocate his/her assets after death.
Actually, in the legal practice the matter of succession is much more complex than one might think, and can not be translated into a simple annotation of the will of the “testator” (i.e. the one who make the will). Its autonomy has constraints that protect the legitimate heirs, and the testament must meet formal requirements which if not respected can thwart the will.
In general, the complexity and delicacy of inhritances derive from an underlying conflict that experts have tried to solve in form, but in essence it remains quite complicated: the balance between the freedom of the individual and the need to create rules of general application.
For this reason the advice of the notary is precious: the matter of inheritances is one of our almost exclusive expertise, and thanks to the law tools we can help you make your will effective, avoiding unpleasant complications.
In our system, there are three types of wills: holograph, secret and public. They all have the same effectiveness.

The holographic testament is written, dated and signed by the own hand of those who make the will: cheap and easy, however, it has many disadvantages, primarily dictated by the risk that its authenticity is disputed, it is lost or that it contains invalid disposals.
The secret testament combines the advantages of the holograph with a superior safety. It can be written in his/her own hand by the one who make the will or by another person. It is delivered to the notary in a sealed envelope, and at this point we we write a report in the presence of two witnesses./li>
The public testament is the safest option, because it is the notary to translate in the document the wills that have been declared in the presence of two witnesses. In this way it is ensured the legal accuracy of the writing. Edited by us, the testament is not likely to suffer the ambiguities that often complicate the interpretation of the holographic one.

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What does the notary do

notaioap — Wed, 18 Mar 2015 10:57:02 +0000

We give support and advice to parties in juridical contracts and deeds, and we guarantee for their legal validity. This is in short the reason why the notary is included in the civil jurisdiction.
For the Italian law, the notary has also the role of a legal functionary with the function of “certifying the trustworthy”. It means that our deeds are the legal evidence of the origin of the document, of the parties’ declarations written in the deed, of acts or facts happened in our presence – or of acts we ourselves did.
The notary is also a depository of deeds and agreements that he had received or authenticated. We put them inside public registers, such as the land register or the registy of businesses: in this way we guarantee the certainty of all information registered in the public system. The importance of this function is clear especially when there are formal obligations – for example, when the law requires to enclose documents or statements, the lack of which may cause economic sanctions and, in certain circumstances, the invalidity of the act.
The notary has therefore a double guarantee function: he proves to the community that the deed is in compliance to the law, while at the same time he assures to the parties its formal accuracy.
Even more. When you turn to a notary, your wills are being put in the hands of an interpreter of the law, who has the duty of translate them into a legal document. In addition to the technicalities, here are of fundamental importance the mutual trust and the listening skills.
That is why it is vital to confront and understand what are your goals: so that we could choose the best way to translate them into a legal deed which respects in the same way your will and the law. And it is our duty to explain you clearly and in every part the document, assisting the parties in an impartial manner.

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Company law

notaioap — Tue, 17 Mar 2015 13:12:19 +0000

Constitution, transfer of equity, transformations, mergers, spin-offs: the notary is present in all the most important stages in the life of a company, as also provided by our legal system. We should verify the compliance with the rules and give publicity to the acts with their registration in the commercial register.
But our advice begins long before the act of constitution of a new company. That is the moment when we can help you choose the best formula for your business project. If we can coordinate with your accountant, even better. The overall view on the legal and fiscal features guarantees a better and clearer reading of your project, and suggest us how to enhance it with the most appropriate choices.

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Real estate

notaioap — Mon, 16 Mar 2015 13:19:48 +0000

For the buying and selling of a property a written contract would be enough. It is required by Article 1350 of the Civil Code: so why is it necessary the advice of a notary?
Once again, for the guarantee functions inherent to our role. And in the case of a property transfer there are many.

we assure the certainty of all the contents of the contract (from the information on the sale to the authenticity of the signatures)
we make the contract effective against third parties: with the transcription and registration of the contract edited by a notary (also the preliminary contract), the buyer is protected
we take care of the preliminary findings: for example, if other parties have rights on the property, or if the property is regular from a cadastral and urban point of view
we informed you about all the consequences of the contract: fiscal, urban, familiar, residents issues …

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Family law

notaioap — Sun, 15 Mar 2015 13:24:39 +0000

The law deals with many aspects of the family life. Not only patrimonial aspects, but also the relationships: for example, the rights and duties of a married couple, of the couple towards their children, or the relations between relatives.
For patrimonial aspects, the law first notices the regime chosen by the family, which can be the community of property, or the division of property. In the first case the couple shares some goods, which become common heritage to both spouses, while in the second case the two spouses retain ownership of their respective assets.
However, the patrimonial aspects are not limited to the regime chosen. They also concern the maintenance obligations between relatives, the administration of the estates of minors or of people incapacitated to do so theirselves, the business activities conducted by a married couple, and much more.
In this context, the role of the notary is often valuable. With our knowledge of the subject and our field experience we help you choose for the best.
We help you take on commitments which respects both the law, and the human aspects of your family life.

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