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Notary services

The first clause of art. 28 of D.lgs N. 71/2011 “Set of rules and functions of the Consular Offices” entered into force on May 28th 2011, require that the Consular Office shall exercise some notary services provided by the Italian Law exclusively in favor of Italian citizens that are abroad – be it permanent or temporary. The services include the receipt of documents (power of attorney, last will) of affidavits, authentications and signatures on private deeds.

Nevertheless, there are some differences between the Consular jurisdiction over notary services and those carried out by a notary in Italy. The main different is that the Head of the Consular Office is a civil servant and the notary is self-employed.

As a matter of fact, the notary can be act as a legal consultant to his/her customer. He/she can thus ascertain information on a person solvency or act as a mediator in a transaction. Also, he/she can advise his/her customer on his/her family relationship or financial relations. It is not possible for the Consular Office to carry out such activities. Its advice, if needed, must be limited to the field of law, especially concerning the validity of the acts that it should receive. Its assistance must be limited to the legality of the acts, not to their economic benefit. The notary sometimes can be an agent of his/her customer when it comes to the publicity and formalities related to the acts he or she receives. This kind of activity cannot be carried out by the Head of the Consular Office. While the notary has the right to a fee, all consular acts are subject only to the tax indicated in the Consular Fee.

The Italian citizen abroad can, as an alternative, formalize the document at a public notary accredited in the country of residence. If the document is in Estonian, it must be translated by a sworn translator.

Please send in advance by email, in an editable Word format, to the address consolare.tallinn@esteri.it the draft of the proxies already prepared by the notary, trusted legal or professional, including a copy of valid Italian ID documents and tax code (codice fiscale) of the persons quoted in the document and the scanning of any further document.

The day of the appointment, please present yourself with a valid Italian ID.