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A will apparently executed in 2012 by John Payne, leaving most of his estate to his son by his first marriage, has been overturned on the grounds that the attesting witnesses' evidence was unreliable. The England and Wales Court of Appeal instead admitted to probate an earlier will leaving everything to Payne's second wife, despite significant doubts about that will's execution and attestation, too. FATTO

FATTO

ESTATE DISPUTES: Some important judgments from last month

INTERNATIONAL - UK: Legislation this summer on register of foreign property-owners

COMPRAVENDITA - NEW ZEALAND: Government tightens ban on foreigners' land purchases

INTERNATIONAL - MATRIMONIAL: Russian woman reportedly claims GBP11.6 billion from ex-husband

New Zealand to enact tighter foreign trust disclosure rules

The civil law notary is at one and the same time a public official representing the State, and a professional expert in the juridical field. He/she is appointed by the Ministry of Justice and is assigned by the latter to a single Municipality, although, if required, he/she is empowered to carry out his/her functions throughout the territory of the District in which the place he/she is assigned to is located, coinciding approximately with that of the Province. Accordingly, although he/s

Mention must be made of the distinction between real rates and nominal rates. The nominal rate is the percentage of interest that formally appears in the contract and which regulates the home loan operation. In reality, however, the effective cost of the loan is inevitably conditioned by a whole series of other factors: first of all, by various expense items  (survey, review and closure expenses; collection or encashment expenses; third-party agency costs; tax and insurance expenses; othe

Il est utile d’évoquer brièvement la différence entre taux réel et taux nominal. Le taux nominal est le pourcentage d’intérêts qui paraît décidé formellement dans le contrat et sur lequel l’opération de crédit est gérée. En réalité, le coût effectif de l’emprunt est cependant inévitablement conditionné par toute une série d’autres facteurs: tout d’abord par différents éléments de frais (frais d’enquête, de révision, de clôture; frais de recouvrement ou d’encaissement; frais de médiation p

In "land credit" contracts, the borrower has the legally-assured option of early repayment of the home loan; but generally, even in ordinary contracts, that possibility is foreseen. The borrower may decide, therefore, at a certain point in the repayment plan, to close out the contract and repay the remaining capital, on which obviously he will no longer pay interest. Given this loss of earnings, the bank could, if the contract so stipulates, demand compensation (a penalty). According to a

As has been seen above, in order to determine the type of tax and the amount and means of payment of the sums due for duties on the purchase of a so-called primary residence, one must first of all take into account the nature of the vendor. When the vendor is the company that built (or renovated) the property and four years have not elapsed since completion, the conveyance is subject to VAT that the purchaser must pay directly to the company and not to the notary, along with the payment o

In early 2003 the Italian legislator issued a law decree (n° 6 of 17 January 2003) which thoroughly reformed companies limited by shares.  The declared aim was to simplify, where appropriate, and enrich, wherever possible, the rules governing such companies, with a view to increasing their competitiveness on both domestic and international markets.Many changes were made and the following results have been achieved:  a better, though still not complete, co-ordination between the rules governi

Limited partners are excluded, in principle, from managing the company.However, they may negotiate or conclude individual deals on behalf of the company, providing they have received a specific proxy or authorisation empowering them to do so.Each limited partner is responsible for social security liabilities in a degree that is proportionate to the contribution they made to the company. Accordingly he/she does not assume any other risks, except that of losing the value of the capital he/she

Limited partnerships with share capital is a modified form of a company with share capital in which permanent directors manage the company who have unlimited liability, also contingent liability, for  social security liabilities. The provisions that are specific for this type of company are reduced to a few which concern above all the management of the company by the unlimited partners.    The peculiar characteristic of this type of company consists in the co-existence of two different group

The individual partnership may be resolved following the exclusion of a partner from the company.In some cases this occurs by law (e.g. in cases of bankruptcy), while in other cases the exclusion is decided by the other partners, when circumstances envisaged by the law or by the  partnership contract occur. Your Notary public will describe such cases to you.In all the cases examined thus far in which the relationship of a single partner ends as a result of death, withdrawal or exclusion, the

The corporate assets are the company’s assets and liabilities.  Initially they are made up of the contributions offered or promised by the partners.  During its life-time the corporate assets undergo changes depending on the business activities carried out. The assets and liabilities are audited regularly through the drawing up of the annual balance sheet.The net worth is the positive difference between assets and liabilities.The corporate assets also have the function of providing the compa