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Affidavits

 

Affidavits

An affidavit is a formal sworn statement under oath, whereby witnesses certify that specific facts of which they are aware are certain.

The most frequent affidavits are:

a) ATTO NOTORIO PER MATRIMONIO (Affidavit for marriage purposes)
Following new legislation (D.L. 71/2011), it is no longer possible for foreign nationals to underwrite an “atto notorio” for marriage purposes at this Consulate General.
The above “atto notorio” must be underwritten in Italy, before a Registry Official or a Notary public, or in the UK before an UK Notary.
Click here for a specimen “atto notorio” (in both English and Italian) to be legalised by means of an apostille which should then be translated in Italy by a sworn translator (traduttore giurato).

b) ATTO NOTORIO PER SUCCESSIONE (Affidavit for inheritance purposes)
This is necessary for inheritance purposes when the deceased did not leave a will and testament.
In certain cases only a "dichiarazione sostitutiva dell'atto di notorietà" (declaration in lieu of an affidavit) is necessary.
Click here for a specimen "dichiarazione sostitutiva dell'atto di notorietà" (only in Italian).

In other cases, depending on the office or institution requesting the declaration and/or how large the estate is, a full affidavit will be necessary.
Besides the applicant, two witnesses without any involvement in the deed will need to come to the Notary Department, with their passports or ID cards and their "codice fiscale" (Italian tax code).
 



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