Adequate estate planning is the foundation for transmitting a family’s principles and values across generations. We provide notarial assistance and legal consultancy in generational transition processes, including drafting donations, wills, family pacts, destination restrictions, and trusts, with a careful evaluation of the fiscal impact.
We also handle the preparation and submission of the inheritance declaration and assist in resolving potential disputes among heirs during the division of assets. We support both national and international clients in complex financing, refinancing, and guarantee operations. Particular attention is given to the legal, fiscal, and contractual aspects of each phase of the process, including security packages (such as pledges on shares or quotas, assignments of receivables as collateral, mandates to sell, mortgages, liens, etc.).
We manage notarial, corporate, and legal activities in debt restructuring operations, including situations such as certified plans, preventive agreements, and restructuring agreements. We assist in business consortiums, financing, and guarantees in project financing operations, including significant national infrastructure projects.
The notarial firm Doria Saglietti Scerbo is frequently asked to issue legal opinions and memoranda in corporate law, inheritance law, and civil law. In this work, we also benefit from the support of the Insignum Association.
The will can be drafted in two main forms: holographic or by notarial act. A notarial will can be either public or secret, but the content of both remains confidential during the testator’s lifetime.
The holographic will is entirely written by the testator, dated, and signed by them. The public will is executed in the presence of a notary and two witnesses, with the notary transcribing the testator’s wishes and reading the will aloud to the testator and the witnesses before all parties sign. Specific rules apply in special cases, such as when the testator is unable to sign independently.
A will is a highly important legal document and must be drafted with care to avoid invalidity and ensure that the testator’s wishes are respected according to the law. The holographic will offers flexibility but may be subject to risks regarding its preservation and validity.
The involvement of a notary is crucial to ensure the will’s validity and that it is correctly executed after the testator’s death, ensuring that the testator’s wishes are accurately carried out.
To proceed with the drafting of a will, it is sufficient to be in possession of a valid identity document.
The Notarial Firm Doria Saglietti Scerbo in Padua provides assistance in the handling of international inheritance matters, using both legal instruments that allow foreign acts to have effect in Italy – such as the deposit of foreign documents, which may be supplemented to comply with Italian law – and those necessary to give publicity and effect to acts created in Italy abroad, such as the instruments introduced by Regulation (EU) No. 650/2012 (with particular reference to the European Certificate of Succession – ECS).
INHERITANCE DECLARATION
– Valid identity card, driver’s license issued by the Prefecture, or passport;
– Original tax code card or health card;
– Death certificate;
– Certificate of residence;
– Historical family status certificate.
Certificate of marital status/widowhood (in simple paper).
Summary extract of the marriage certificate (in simple paper)
Separated and divorced individuals:
– Separation or divorce judgment/decree for heirs;
– Valid identity card, driver’s license, or passport;
– Original tax code card or health card;
– Family status certificate.
– Current self-declaration substitute for notarial deed;
– Any renunciation of inheritance by the heirs.
Testamentary Successions:
– Minutes of the deposit and publication of a holographic will;
– Minutes of the transfer to the registry of deeds between the living and the registration of the public will.
Related certifications
– Deed of sale, judgment, or inheritance declaration
If it concerns land: Certificate of urban planning designation.
Documents for boats and aircraft: Certificate of ownership.
Documents related to credits: Title of legitimacy and credit amount.
Copy of the credit recognition decree.
Bank certification of the accounts in the deceased’s name as of the date of death, showing the bank account balance, securities in deposit, and any liabilities (mortgages, overdrafts, etc.).
Any invoices and/or documentation for funeral/medical expenses and other liabilities.
Almost all documents can be independently requested by our firm as well; however, having as complete documentation as possible available facilitates and speeds up the process, and also prevents unnecessary cost increases due to the paid request of certificates and various documents.
Once the estimate is accepted, the associated Notary Office Doria Saglietti Scerbo will provide you with a list of the documents you need to deliver before the signing, in order to verify them with adequate advance notice.
The Notary Office Doria Saglietti Scerbo, specializing in notarial services, offers complete assistance for all types of real estate transactions, including donation deeds. Thanks to the expertise of the notary, each client receives a tailored service designed to meet their specific needs.
The donation deed, due to its intricate nature, requires meticulous attention in both legal and tax aspects. Therefore, it is essential to rely on a notary office that ensures integrity and clarity throughout the entire process.
For real estate donations, we offer the following services:
– Legal and tax consultancy to determine the feasibility and benefits of the transaction;
– Drafting and signing of the notarial deed;
– Registration and, if necessary, transcription of the deed at the Land Registry Office.
With our consolidated experience and dedication to professionalism, we strive to maintain high standards of security and transparency in every transaction, protecting the interests of all parties involved.
– Identity card, driving license issued by the Prefecture, or valid passport;
– original Tax Code card or Health Card;
– residence certificate;
– indication of the family relationship between the parties;
– details of any previous donation deeds (real estate or not) already made by the donor to the recipient.
Unmarried individuals: Certificate of single status/widowhood (simple paper).
Married individuals (even if separated or under legal community of property):
– Extract of the marriage certificate (simple paper) issued by the municipality where the marriage was contracted;
– Copy of the property separation deed;
– Copy of the family fund deed.
Separated and divorced individuals: Separation or divorce judgment/decree.
Intervention of a proxy: Special power of attorney for a public deed with witnesses in original.
Representation of incapacitated individuals: Judicial authorization.
Non-EU citizens: Residence permit or residence card.
Identity document of the legal representative.
From the donor’s side: copy of the notarial deed of purchase with the transcription note.
If the property was acquired through inheritance, provide:
– Inheritance declaration;
– Death certificate;
– Copy of the publication minutes; any will;
– Acceptance of the inheritance.
If the property is part of a condominium:
– Declaration from the condominium administrator;
– Cadastral map;
– All building/urban planning permits related to the property promised for sale;
– Copy of the certificate of habitability/occupancy;
– Energy certification issued by an accredited certifier;
– Certifications of compliance for the systems. If the certifications are not available, the parties must agree and declare responsibilities and obligations in the deed.
If the property is encumbered by a mortgage, provide:
– Copy of the mortgage contract;
– Receipt of mortgage discharge or the latest payment slip;
– Possible copy of the notarial deed of consent to the mortgage cancellation.
If the property is leased to third parties: provide a copy of the lease agreement.
If the donation involves land:
– Cadastral certificate and map with boundaries;
– Certificate of urban planning designation.
Almost all documents can also be requested independently through our office; however, having the most complete documentation possible available facilitates and speeds up the process, and also prevents unnecessary cost increases due to the paid request of certificates and various documents.
Once the estimate is accepted, the Notary Office Doria Saglietti Scerbo will provide you with a list of the documents you need to deliver before the signing, in order to verify them with adequate advance notice.
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