Donations, inheritances, wills and living wills, cohabitation contracts, marriage agreements, disabilities and laws relating to future generations. As a trusted consultant and public official, the notary can help us deal with these delicate situations safely and in full legality.
The cohabitation of persons linked by a stable emotional relationship, such as de facto situations not legalised by any formal act, was for the first time governed in an explicit way by the so-called “Cirinnà law” (no. 76 of 20 May 2016).
The legislation in question applies to couples, whether heterosexual or homosexual, made up of two adults not bound to each other by kinship, affinity or adoption, marriage or civil union, who are stably united by the emotional ties of a couple and who provide mutual moral and material assistance.
Provided that the cohabitation is noted in a corresponding entry at the registrar’s office, they are accorded some rights including, specifically:
In addition, de facto cohabitants were granted the possibility of regulating their financial relationship by the signing of a specific “cohabitation contract”. For further details, see the relevant section.
|THE ROLE OF THE NOTARY
Unlike the provisions for persons in a civil union, who are treated exactly like married couples as to succession in the case of the death of one of the partners, no inheritance rights are recognised in the event of the death of a de facto cohabitant. That is why it is important to make a will, and in particular a “public” (legally witnessed) one, in order to plan one’s succession by establishing the cohabitant as heir or otherwise attributing certain assets to him or her as a legacy.