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Family law includes all regulations regarding family status and legal relationships in reference to the family members.
In our legal system a family can be formed in different ways, namely by marriage, by an effective cohabitation or by a homosexual life partnership.
Each of these family models brings different challenges with which the notary can assist in finding adequate legal solutions, with a special attention to appropriate pecuniary family regulations: he assists the spouses in choosing the right way of changing their property relationships, gives advice on how to protect children and how to manage their own capital, as well as regarding “family business successions”.

Succession of the estate of deceased persons

Inheritance law is a very complex field, which will affect us all sooner or later.
The intervention of a notary is not only required to create a professional and indisputable testament, but is also crucial in consideration of all issues concerning the heirs, as well as all tasks once the inheritance takes place.
The notary assists the heirs and beneficiary with the inheritance declaration and the presentation within the provided time frame, as well as with the application for the issuing of the inheritance certification; he takes care of the transcription of the deceased person’s property or assets to the heirs on the appropriate land register and cadastral register; he drafts the necessary notarial deeds for the access to bank and security accounts of the deceased person; in the case of inheritances in favor of minors or legally incapacitated people the notary handles the obtaining of the necessary court authorizations; he is allowed to receive acceptances of inheritances and inheritance waiver declarations.
Downloads and documents
Useful documents




Which kind of tasks a notary takes over in family law and the field of successions?
The role of the notary in family law and successions is quite wide. A couple of examples as follows:

- Drafting of testaments and publications
- Inheritance communications, heirship certifications, European certificates of succession
- Opening of lockers
- Acceptances and waiver of inheritances
- Establishment of inventories
- Matrimonial property contracts
- Family contracts
- Cohabitation agreements
- Biological testaments (patient decrees)
What is a so called “biological testament”?
With a biologic testament or a patient decree people can determine in writing and in a legally binding way, which kind of medical services they want to utilize or refuse in those cases in which they are incapable of deciding for themselves.

Who can draft a “biological testament“?
A biological testament can be drafted by any person over the age of majority and of sound mind by means of a notarial deed, notarial certified private document or in the form of a simple private document which is to be personally deposited at the civil registry office of the municipality of residence.
There is a legal requirement that the person must be informed by a doctor about the consequences of a patient decree.
Can I revoke my patient decree?
The biological testament can be revoked in the same form in which it was issued, and in urgent cases also verbally by declaration or video message recorded by a doctor and in the presence of two witnesses.
Can I nominate a person of trust who can represent me in front of the doctor?
The law also provides the possibility (but not the duty) of naming a person of trust in the case of incapability, who will decide together with the doctor the further medical proceeding and therapies according to the patient decree or, in extraordinary cases (when the patient decree is evidently incongruous, does not reflect the clinical status of the patient or new therapies are available which were unknown at the time the patient decree was drafted) to divert from it.
It is furthermore to underline, that there is no obligation to register biological testaments and that they are not subject to any tax or fee.

THE ROLE OF THE NOTARY in the drafting of biological testaments
The notary assists and guarantees that the patient decree of a person clearly reflects their true will and eliminates any misunderstandings or the risk of a legally invalid patient decree.

(source: https://www.notariato.it/it/famiglia/testamento-biologico)
What is a “cohabitation agreement”?
With a cohabitation agreement an unmarried adult couple can regulate certain aspects of property rights, as well as the consequences of a termination of cohabitation. With the same cohabitation agreement it is also possible to regulate personal aspects, as for example, the nomination of a support administrator. The basic condition for this type of contract is the cohabitation of the couple, as well as reciprocal moral and mental support.
The cohabitation agreement has to be written by means of a public deed or a notarized private deed.
It is possible that other aspects are regulated with a cohabitation agreement as well: authorization of representation by the partner in the event of illness, regulation of financial circumstances in reference to cohabitation requirements and cohabitation in a general community of goods, etc.

THE ROLE OF THE NOTARY in the drafting of a cohabitation agreement
The need to draft a cohabitation agreement and to regulate one’s assets can come when a couple decides to live together permanently and for example decides to purchase a property.
The notary takes care of the cohabitation agreement and verifies that all aspects and needs are mentioned and covered paying particular attention to the weaker party.

(source: http://www.notariato.it/it/famiglia/contrattodiconvivenza)
What is a family capital fund?
With a family capital fund (fondo patrimoniale) a married couple can decide to attribute certain goods to the fulfillment of general family needs. That means that the family capital fund is established for a specific purpose and is subject to very specific rules.
The family capital fund can be established by the spouses but also by a third person - with the consent of the spouses.
Only real estate, registered movable assets, such as cars and boats and securities may be included in the fund.
What does establishing a family capital fund mean?
With the designation of certain goods and the attribution to the family capital fund, these goods are protected from creditors, whose claims are not attributable to credits accrued in the family interest. For the attribution of goods to family purposes, and accordingly to the family capital fund, no transmission of ownership is required.
The administration of goods, part of the family capital fund, follows the general rules of the joint property and can not be transferred, subjected to mortgages or pledges or restrictions without the consent of both spouses – and in the case of minors – without in addition the approval of the respective judge. Nevertheless the parties can also choose a different arrangement. The notary can also in this case give important advice and find the correct solution for your needs, reflecting your will.

THE ROLE OF THE NOTARY in the establishment of a family capital fund
The establishment of the family capital fund is carried out by means of a notarial deed in the presence of two witnesses, and will be recorded in the Land Registry.

(source: http://www.notariato.it/it/famiglia/fondo-pagtrimoniale)