Vania Marinello Freelance Solicitor

Cross borders legal services

Commercial Lease - Tenants

Hospitality, Alcohol Licences, New Leases, Renegotiation.

Immigration

Italy: Vania Marinello is a regulated Avvocato (Ordine avvocati Belluno N. 141) UK: Vania Marinello is authorised to provide immigration advice and services at Level 1 only, in the Category Asylum and Protection and Immigration - OISC Adviser Number P057007 under the trading name Vania Marinello Law. Vania Marinello Law is a commercial organisation authorised and regulated by OISC to provide Level 1 immigration services - Regulation Number F202309008 . It is not a firm of solicitor and it is not regulated by the SRA.

Family

Divorce, Financial, Children, Agreements

Probates and Administration of Estates

Italy and the UK, cross border matters, Litigation

Italian Law and Power of Attorney

Italy and the UK, cross border matters, Litigation, Procure - Power of Attorney

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We have 25 years of experience in law solutions.

Dual qualified Italian Avvocato and freelance Solicitor of England and Wales hear to help our local, national and international clients reaching their best settlement.

We always act in the best interest of our clients, and we strive to act with skills and care.

Vania is a qualified Avvocato and Solicitor of England and Wales. She deals with a broad range of cross-border matters including Italian and English contentious and non-contentious Family Law and Domestic Abuses, cross border inheritance and estate planning and probate and Italian Immigration Law such as JS, 1948 cases and JM applications.

Vania is a UK regulated OISC Level 1 adviser (OISC adviser No. P057007) in the category Asylum and Protection and Immigration and provides Level 1 immigration advice and assistance through Vania Marinello Law which is a OISC regulate commercial organisation (OISC regulation number F202309008).
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UK Confederation North Network in Manchester 22 November 2022

UK Confederation by Confassociazioni NORTH is hosting a fantastic new meetup at Gusto Manchester on Tuesday 22th November from 6.00pm and we want you to be there! Save the date and we'll see you there!


  • Date: 22/11/2022 06:00 PM - 23/11/2022 11:17 AM
  • Location: Manchester, UK (Map)
  • More Info: 4 Lloyd Street Manchester M2 5AB

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Why choose a dual qualified professional rather than a UK only qualified one?

A dual qualified professional can help you going through the difference between the two jurisdictions and the two legislations because has the knowledge of both the systems and how they work.

How a dual qualified professional may help?

A dual qualified professional has the knowledge of both systems and can guide you through the differences between them. Have you ever thought that in Italy we do things differently? Yes, we do and sometimes, this can cause you issues when you try to apply the same concept in the UK.  
A dual qualified professional, especially if one with years of experience in the other Country, knows where the two legislations are different and can help you avoid mistakes.

What are the grounds for divorce?

You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove one of the following five facts:
  • Your spouse has committed adultery
  • Your spouse has demonstrated unreasonable behaviour
  • Your partner has left / deserted you for a continuous period of 2 years
  • You have been separated for at least 2 years and you both agree to the divorce
  • You have been separated for at least 5 years - it doesn’t matter if your partner doesn’t agree to the divorce
  • If you have been married for less than 2 years, you can only use unreasonable behaviour, adultery or desertion as your reason for getting divorced.

How long does a divorce take?

In the UK a divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.
In Italy, where it is disputed, it may take years. Please contact us for more information and discuss your case.

Do I have to go to court?

In the UK if you have agreed your divorce and financial arrangements, then you do not need to attend court. Your divorce will be processed through the court as a paperwork exercise instead. If you have not or are unable to agree your financial arrangements, you will need to attend court.
In Italy you must always attend the first hearing in person. Please contact us to discuss your case and have more information.

We are cohabiting, what happens if we separate?

If you have not put in place a ‘living together agreement’, any of the following could apply.
  • If you do not own the property in which you live or you do not own a share of the house in which you live you have no automatic right to stay there.
  • Other than child maintenance, you have no right to receive maintenance for yourself from your ex-partner.
  • If you live in a rented property together and the tenancy is in your ex partner’s sole name you have no right to stay if you are asked to leave.
  • If the possessions within the property are owned by or were purchased by your ex-partner, you have no automatic right to a share of those possessions.

Relationship Finance: Do I have to attend mediation?

You do not have to attend mediation if you have agreed all family and divorce matters. In the UK if you wish to apply to Court relating to children or finances on a divorce matter, you will need to normally have attended a MIAM before making the application.

What am I entitled to?

What you are entitled to depends upon your circumstances and whether you are married or living together. It is best to obtain legal advice on this from a family law solicitor.

What happens if my partner will not disclose all of their financial assets?

This usually happens on a voluntary basis, but where one party will not cooperate it can be directed through the Court. Within divorce proceedings, you can make a financial application to court. The court will then direct the information as a requirement of the proceedings by way of a Financial Information disclosure form, called Form E.

What type of court orders can be made regarding children?

A Supervision Order is where a child is placed under the supervision of the Local Authority, but this does not give it parental responsibility. The child is not taken into care and remains with the parents, with the local authority being legally obliged to offer support and assistance to the child and his/her family.
An Interim Care Order is a temporary care order which gives social services parental responsibility for a child, which they then share with the parents. It means that social services can decide where a child will live while the court proceedings are continuing.

What happens if we cannot agree with whom the children should live?

The focus should always be on what is in the best interests for the children. If this cannot be agreed, the court can decide for you, but will encourage you to attend mediation first.

What are my rights to see the children?

Contact rights are generally the right of the children and not the parent. Provided that there is not a risk of harm to the children, contact will be ordered by the Court. It is best to negotiate contact arrangements by direct discussions or by attending mediation to agree on the way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).

What is domestic violence?

Abusive Violence between couples living together
Abuse between partners who do not live together
Harassment by former partners
Abusive relationships between parents and children
Abuse against elderly family members
Abuse between tenants or flat mates
Female genital mutilation (FGM) or forced marriage

What counts as evidence of domestic abuse and can I get Legal Aid?

You will usually need to show that you or your children were at risk of harm from an ex-partner.
You can ask for evidence from:
  • The courts
  • The police
  • Social services
  • A health professional
  • A refuge manager
  • A domestic violence support service
  • Your bank in the form of bank statements
  • Your employer, education or training provider
  • The provider of any benefits that you receive
We do not provide Legal Aid services and if you are or think you are, victim of domestic abuse, please check onto the Government’s website and take the necessary steps to protect yourself and your children.

How can the law protect me from domestic violence?

The law can provide the following types of order to protect you from domestic violence.
A Non-molestation Order prevents someone from being violent or threatening violence against you or your child. It also includes intimidation, harassment, or pestering.
An Occupation Order relates to who can live in the family home and can also restrict access to the surrounding area as well.

What is mediation?

Mediation helps couples going through separation or divorce to work out and agree arrangements for themselves and their children. If these issues can be agreed between you through mediation, it saves the cost of going through a Court to make the decisions for you.

Can Mediators provide legal advice?

Mediators cannot provide legal advice but can provide information about the legal process of divorce and the procedures that the Court follows.

What happens in a mediation meeting?

An appointment can be made with a Mediator either individually or jointly. The Mediator will explore whether mediation will be appropriate to you and acceptable.
Mediation will help you to reach your own agreements, instead of a judge deciding for you. The mediation meetings will help you to come up with your own ideas and solutions to the problems you face arising from separation or divorce.

What is probate?

Probate is the process through which someone gets the court's permission to deal with a deceased person's estate - collecting up all the assets, paying off any debts and distributing the assets to the beneficiaries who are entitled to them.
If there is a will, the executors (the people responsible for dealing with the estate) are usually named in it. They can apply to the probate registry for a 'grant of probate'.
If no executors are named, or none of the executors is prepared to act, a beneficiary of the will can apply to the probate registry for a 'grant of letters of administration (with will annexed)'.
If there is no will, a relative can apply for a 'grant of letters of administration'.
Once the probate registry is satisfied with the application, the executors or administrators are asked to complete a statement of truth confirming the information they have provided and their commitment to deal with the estate in a right and proper manner.
The grant of probate (or letters of administration) can be shown to anyone who is asked to release any money or other assets belonging to the deceased's estate.

Where do I find a copy of the Will?

If you don't already know where the will is kept, or aren't sure whether you have the latest one, you'll need to try to find the will.
Check through any paperwork in the house: look in files, desk drawers and in the safe if there is one. You can also check with the deceased's bank in case they have the will in safe-keeping.
Contact any solicitors that the deceased used and ask them if they have a copy of the will. If you don't know which solicitor they used, you can pay a fixed fee for a will search to be done.
Alternatively, the will may have been deposited with the probate registry. You can ask for a search to be made by sending a letter together with an official copy of the death certificate.
If you still can't find the will, it's worth asking anyone else who you think may have been asked to be an executor - typically family or close friends - in case they know where the will was kept.
Bear in mind that a will is not a public document until probate has been granted. Until then, only the executors are entitled to see it. A solicitor, or the probate registry, will not provide the will to you if you are not named in it as an executor.

How do I know if a will is valid?

In the UK
A will cannot be valid unless it meets four requirements:
the individual whose will it is must have been at least 18 years old when the will was made
the will must be in writing, signed by the person making the will in the presence of two witnesses
it must have been drawn up when the individual concerned had 'testamentary capacity' - broadly, an understanding of what they were doing
the individual must not have been acting under undue influence
In addition, a valid will becomes invalid if:
the individual makes a later, valid will
the individual gets married or enters into a civil partnership, unless the will was clearly made with that marriage or partnership in mind
the individual deliberately destroys the will
If a will is invalid, then the will is set aside. The most recent previous will (if any exists) becomes the valid will. If there is no valid will, the estate is dealt with in the same way as if the deceased died 'intestate'.
Similar rules apply to any 'codicils' - documents that change the terms of an original will. If a codicil is invalid, then the original will remains in force as it stands, as if the codicil did not exist.
If you have any reason to believe that a will (or codicil) is invalid, you should take legal advice.
In Italy
In Italy we have a different law and the validity requirements are different. Feel free to contact us and we will be happy to have a meeting with you.

What happens if there is no will?

In the UK
If there is no will, then the deceased died 'intestate'. This has two key consequences:
As there is no will, there are no named executors. A relative can apply to administer the estate.
The assets must be distributed according to the rules of intestacy.
In Italy
The assets must be distributed according to the rules of intestacy.

Why do people use a professional to help with probate and estate administration?

In the UK
Acting as an executor can be complex and time-consuming. It can also be stressful if you are coping with the death of someone close to you, or you find yourself in the middle of family disputes.
Using a probate professional can be particularly helpful if:
the estate is valuable and inheritance tax is likely to be payable
the estate is complicated - for example, with business or overseas assets
underage children or family trusts are involved
there are questions over the validity of the will
you have reason to believe that the will could be contested
practical issues (such as your location or other commitments) make it difficult for you to take a hands-on role as an executor.
In Italy
If there are properties or monies in Italy you need a dual qualified professional to help you understand the differences between the two legislation and the different rules of intestacy. Please contact us and we will be happy to assist.

How can I be sure that I have identified all the estate's assets and all the debts that need to be paid?

In the UK
Normally you can track down someone's assets by checking through all their paperwork. Pay particular attention to their bank statements. Unexplained payments made by the deceased could indicate the purchase of assets, or a gift or loan that needs to be taken into account. Conversely, any unexplained income might indicate some kind of income-producing asset.
You'll also need a thorough inventory of the contents of the deceased's home. It may be worth checking with close family or friends - particularly anyone the deceased was living with.
For example, they might be aware if any valuables are hidden somewhere in the home or kept in a safe deposit box.
Of course, if the deceased was deliberately hiding assets there may be little or no evidence to show the way. If you think this is the case, you may want to take legal advice on what you should do.
In terms of debts that need to be paid, you should carefully check paperwork and may want to ask close family and friends. You can also advertise the death, both locally and in the London Gazette, asking anyone who thinks they may have a claim against the estate to contact you within two months. This helps protect you against any future claims.
In Italy
If there are properties or monies in Italy you need a dual qualified professional to help you understand the differences between the two legislation and the different rules of intestacy. Please contact us and we will be happy to assist.

Can I deal with an estate without obtaining a grant of probate?

In the UK
You may not need a grant of probate if the estate is of low value. You may find that banks and other organisations are prepared to release relatively small sums after seeing a copy of the death certificate. If not, you will need to obtain a grant of probate.
Joint assets (such as joint bank accounts) generally pass automatically to the surviving owner. This can include a property provided it is owned as 'joint tenants' - but not property that is owned as 'tenants in common'. Again, a death certificate may be sufficient.
In Italy
If the Deceased had properties in Italy you need a UK grant of Probate to proceed with the Italian Dichiarazione di Successione.
Please note that you also need an Italian Tax Code to proceed, and you must apply to the Italian Consulate in the UK to have one.
Please contact us and we will be happy to assist.

How do I apply for a grant of probate?

In the UK
You can apply yourself or using a probate professional.
As of 26 January 2022, the fee for obtaining a grant of probate is £273 for all applications.
You need to complete a probate application form PA1P (if there is a will), or form PA1A (if there is no will). You may also need to complete an inheritance tax form. This will depend on the value and make up of an estate. New rules apply from January 2022, and if an estate is classified as an “excepted estate” no inheritance tax form is needed. However, the value of all estates must be advised to HM Revenue & Customs (HMRC). If tax forms are needed, form IHT205 is used if no tax is payable or forms IHT400 and IHT421 otherwise. You cannot apply for a grant of probate until you have valued the deceased's estate.
Along with the forms, you must enclose an official copy of the death certificate, the original will (and any codicils) and the fees.
You will need to sign a legal statement, either online or on the paper application, confirming that the information you have given is true and promising to administer the estate properly. You may be contacted by the probate registry if they have any queries.
Before applying, you should decide how many copies of the grant of probate you will want. Additional copies make it easier to deal with all the organisations who may ask to see official copies of the grant. There is a small fee for each additional copy.
In Italy
If the Deceased had properties in Italy you need to apply to the offices in Rome and request the UK' grant of Probate to proceed with the Italian Dichiarazione di Successione.
Please note that you also need an Italian Tax Code to proceed, and you must apply to the Italian Consulate in the UK to have one.
Please contact us and we will be happy to assist.

How long does probate take?

In the UK
In a simple case, probate might only take a few months. Six to nine months is more typical, while particularly complicated estates or contested wills can drag on for years.
All sorts of complications can delay the process, including:
difficulty identifying all the assets and liabilities, for example if the deceased did not keep clear records
complicated financial circumstances, for example if the deceased was a beneficiary of a trust or had made significant gifts during the seven years prior to death
delays or difficulties obtaining valuations, including for any assets held overseas or hard-to-value assets such as private company shares
any dispute over who is entitled to claim against the estate
Once the application has been submitted to the probate registry, the grant of probate can take up to 12 weeks, but it may arrive earlier if the application was made online. If the estate is taxable and more complex, the grant of probate could take much longer, particularly if HMRC or the Probate Registry have questions about the estate or application.

What happens if a will is contested and who can contest a will?

In the UK
Disputes over wills can arise when:
a relative or someone who was financially dependent on the deceased feels the will does not provide adequately for them
a beneficiary feels that the estate is not being properly administered
Claims by relatives and dependents must be made within six months of the grant of probate. As an executor, you may want to wait until this deadline has passed before distributing assets. Otherwise, if a claim was successful, you might need to try to reclaim assets that you have already paid out.
As far as claims by beneficiaries are concerned, you can help minimise the risk by making sure that you deal with the estate quickly and efficiently. It's a good idea to keep beneficiaries updated on your progress, explaining the reasons for any delays.
In Italy
there are different rules, and you should take legal advice from a dual qualified professional who will help you understand the different legislation.
Please contact us and we will be happy to assist.
In Italy and the UK
If there is a dispute, you will need to consider how best to deal with the estate. It may be unwise to distribute any assets until the dispute has been resolved, even if you have to manage the assets for longer than expected.
Going to court can be expensive and time-consuming, so if a will is contested you should try to negotiate agreement if possible. Always take professional advice immediately.

What is estate administration?

Estate administration is a broad term that refers to the process of sorting out a deceased person’s legal and tax affairs.
This can include everything from bank accounts to personal belongings, property, debts and pensions. These items are collectively referred to as 'the estate'.
If part of the asset is in Italy, or part of the asset is in the UK, please contact us and we will be happy to assist.

Can I use a Solicitor to certify a Power of Attorney which must be used in Italy?

Yes.
Pursuant to the Aja convention 1961 a foreign document to be used in Italy must be apostilled.
The Foreign, Commonwealth and Development Office has confirmed that Notary Publics and Solicitors may certify Power of Attorney documents, provided that they meet their requirements.
We are registered to FCDO and meet the above-mentioned requirement.
Also, the Italian Consiglio Nazionale del Notariato has confirmed that a Solicitor of England and Wales can certify a PoA provided that the document is apostilled, and the Solicitor certify the signature personally identifying the person who is making it.

What is the Immigration Health Surcharge and how much does it cost?

The Immigration Health Surcharge lets certain visa holders in the UK access the National Health Service (NHS) as though they were UK residents. All non-EEA nationals must pay this fee.
The health surcharge is £200 per year and the total charge is set by the length of time you are permitted to stay in the UK. Tier 5 applicants are only required to pay £150 per year due to the nature of the working holiday visa.

What is a BRP card?

A biometric residence permit (BRP) shows a person’s immigration status in the UK, their biographic details, biometric information as well as whether they can access public funds. You will be required to have this card as proof of your right to stay, work or study in the UK.

Where do I collect my BRP card and how long do I have to do so?

You must collect your BRP card within 10 days of your arrival in the UK or before your 30-day vignette expires, whichever is the later. If you fail to collect your BRP within this time, you may be subject to a fine or even the cancellation of your visa. You will need to pick up your BRP at the UK Post Office branch nearest to your intended UK address, as stated on your application form.

When should I start my visa application process?

We recommend that you begin working on your application 90 days before your intended date of arrival in the UK.

How long will it take for my visa to be granted?

UK visas can take anything from 10 days to up to nine months to be granted after you have lodged your application with UK Visas and Immigration (UKVI). Here are the issuing times for some of the most common visas:
  • Spouse visa: Two to three months
  • Ancestry visa: Two to four weeks

What is the visa priority service and should I use it?

UKVI offer a fast-track service that ensures your application will be processed within five days to three weeks, excluding postage time.
If you require your passport or documents that you submitted for your visa, then you may want to think about using the priority service to have these returned to you as soon as possible.
This service is available for an additional fee.

May I travel outside of the UK once I have entered the country on my visa?

You should allow at least 10 days in the UK to collect your BRP card before leaving the UK to travel elsewhere.

Can I use certified documents to apply for my visa?

No. The UK government requires that you submit the original documents for your application. If you fail to do this, your application will be delayed until the original certificates are provided.

How long can you stay in the UK with Family Permit?

EEA family permits are usually valid for 6 months. However, they will not be valid after 30 June 2021, even if there is time left on the permit.
An EUSS family permit is valid for 6 months, unless:
  • you plan to arrive in the UK on or after 1 April 2021
  • your application is approved more than three months ahead of your planned arrival date
In this case, it’s valid for 4 months from your planned arrival date.
If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

Which Family Members are eligible to apply for Family Permit UK?

You can join your:
  • spouse, civil partner or unmarried partner
  • child or grandchild aged under 21
  • dependent child or grandchild of any age
  • dependent parent or grandparent
This includes family members who were adopted under an adoption order that’s recognised in UK law.

Can I stay in the UK after my Family Permit expires?

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.
If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study.

What are the elegibility requirements to apply for family permit as a family member of EU, EEA or Swiss citizen who lived in the UK before getting British citizenship?

To be eligible the person you’re joining must:
  • be an EU, EEA or Swiss citizen
  • have become a naturalised British citizen after working, studying or being self-sufficient in the UK

How much money/income do I need in order to qualify for the spouse visa?

There is a minimum income requirement of £18,600 to sponsor a partner (fiancé(e), spouse, unmarried partner) for settlement in the UK. The British Citizen/permanent resident is called the ‘sponsor’. The partner applying is called the ‘applicant’.
Income can come from:
  • Salaried employment of the sponsor (or applicant, where the applicant is already working legally in the UK on another visa)
  • Self-employment of the sponsor (or applicant, where the applicant is already working legally in the UK on another visa)
  • Cash savings – only savings above £16,000 are considered as available to offset the minimum income; if no income, savings of £62,500 held in the sponsor and/or applicant’s name for 6 months would be required (this is £18,600 x 2.5 years, plus the first £16,000 which is not counted)
  • State or private pension of either the sponsor or applicant
  • Maternity Allowance and bereavement benefits received in the UK by either the sponsor or the applicant
  • Property rental income for property in the UK or overseas, in the sponsor and/or applicant’s name, where the property is not their main residence
  • Dividends or other income from investments, stocks, shares, bonds or trust funds in the sponsor and/or applicant’s name
  • Interest from savings in the sponsor and/or applicant’s name
  • Maintenance payments from the applicant’s former partner in relation to the applicant and former partner’s children that are cared for by the applicant
    Maintenance grants for UK students.
  • Certain combinations of the above are allowed, feel free to contact us if you wish to know whether a particular combination can be used.
With most of the above, the evidence of this income must cover the 6 or 12 months prior to the application. In some cases this will mean that the sponsor needs to be present and earning in the UK for 6 months prior to their partner applying. The requirements are slightly different for each income form, however, so if you want to know what your options are please contact us with your circumstances and we’ll clarify those for you!
  • Southampton, England, United Kingdom

Italy: Ordine Avvocati Belluno N. 141 England and Wales: solicitor SRA Id No. 636405 - England and Wales SRA freelance solicitor non regulated organisation No. 670098 Immigration UK: OISC level 1 regulated advisor No. P057007 - OISC level 1 Regulated commercial organisation No. F202309008 member of ILPA ID No. 7743  

  • LEAP Best Practice Family Law

  • ILPA MEMBER