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Why is it important to draft an Italian Will if you have Assets in Italy?
Many people put off writing a will - it can be uncomfortable to think about their own demise. However, if you own property or assets in Italy, having an Italian will in place is extremely important, and this is even more vital if you are a foreign ex-pat living in Italy.
Here, we look the need for an Italian will and how to organise the protection of your estate. We also explore the different types of Italian wills, and examine what happens to your Italian assets if you do not draft an Italian will. We will also outline how Giambrone & Partners can assist and the importance of cross-border legal advice.
Click on a link to that section:
Read why it is important to have an Italian will in place if you own assets in Italy.
Find out what happens to your Italian assets if no will is in place.
A brief guide to creating an Italian will, and what should be included.
Find out more about the different types of Italian wills.
Find out how law firms such as Giambrone can assist.
Do you need an Italian Will?
If you're a UK citizen living in Italy and with assets and property in Italy, you believe that your Italian estate is covered by an English will. However, it is generally not a good idea to rely entirely on your English will. An Italian will not only ensure that beneficiaries will receive your Italian assets but that the probate procedure will be smoother for your executors. While an English will may be used in Italy, before probate even begins the will must be authenticated via an Italian Notary Public and all the documentation that is drafted in English will need to be translated into Italian by an authenticated translator. Beneficiaries are likely to experience additional costs and delays before receiving their inheritance. Additionally, drafting an Italian will may reduce the potential for challenge and conflict between beneficiaries.
Read how we can assist with Italian inheritance here.
What happens to your Assets if there is no Will in place?
If you die intestate, not having drafted a will, and you are a permanent resident in Italy, the Italian laws of succession will apply. The Italian laws of succession apply the principle of forced heirship. This means that the testator’s estate will pass to designated direct relatives in prescribed portions. depending on the relationship to the deceased, a set percentage of the estate is inherited by the immediate relatives – for example, a spouse may receive 50% of the estate, and if there are children of the marriage, they will all receive smaller percentages. In the case of such direct family not being available, the estate will be divided amongst less direct relatives such as cousins.
How do you create an Italian Will, and what should you include in the Will?
When drafting an Italian will, it's important to seek expert legal advice to ensure that your will is drafted correctly. Depending on the type of will you wish to draft, the processes may differ slightly. However, it's important that your will addresses all of your assets, fixed or financial, in Italy.
Do you need assistance in writing your Will? Contact Giambrone & Partners today.
What are the different types of Italian Wills?
There are three types of Italian wills. The first is a ‘holographic will’, known in Italian as a ‘testamento olografo’. This is a will that has been handwritten by the testator themselves and is dated and signed. This is a simple will and can be written on paper in any language, requiring no witnesses. If this is your will of choice it should still be reviewed by an experienced inheritance lawyer.
A formal will, known in Italian as a ‘testamento pubblico’, will have been drawn up by an Italian notary. It will be read out loud to the testator to ensure that it is correct, and will be signed by the testator with witnesses present. The Italian notary will then store it for safety.
Finally, a secret will, or a ‘testamento segreto’, is drafted by the testator and put in an envelope which is then sealed and sent to an Italian notary. The contents of the will remain completely confidential until the death of the testator.
Accessing assistance from an International Law Firm
When dealing with cross-border legal matters, especially something as important as a will, it is strongly advised to obtain legal assistance from an international law firm. Giambrone & Partners is experienced in not only English law but also in a range of international jurisdictions. Our highly experienced English and Italian-speaking lawyers can help you with all aspects of drafting both an Italian as well as a will under the laws of England & Wales, both of which will protect your assets and deliver them to your chosen beneficiaries. Contact our well-respected inheritance lawyers to ensure that your will is drafted correctly, and that any issues related to probate and trust management can be dealt with expertly. We are experienced in a range of cross-border legal issues so contact us via our callback page to see how we can help you.
We can help you with everything from writing Italian Wills to resolving potential disputes that might be related to relationship breakdowns, such as divorce.
Contact us today for assistance.
Common questions
How does Italian Probate work?
After a death has occurred, beneficiaries must make every effort to find the deceased’s will. After this, the executors or beneficiaries will need to make an inventory all assets and contact the relevant authorities in Italy before the probate process can begin. A Declaration of Succession (Dichiarazione di Successione) which is similar to a Grant of Probate must be made within six months of the death. You must complete all the required documentation required by the Italian Ministry of Finance. It is advised that you received legal advice to ensure that everything is correct and in order.
What if there is no will for the Italian Estate?
If there is no will and the deceased was resident in Italy, close relatives will inherit automatically through the laws of succession in Italy
Who should I turn to for an Italian Will?
Giambrone & Partners has extensive experience in drafting an Italian will.
Should I appoint an executor through my Italian Will for my Italian Estate?
It is not entirely necessary to appoint an executor within an Italian will, as your heirs will be able to handle the distribution of your estate.
Why is it worth drafting an Italian Will?
Drafting an Italian will saves your beneficiaries time and money during the probate process and is a good way of reducing potential conflicts between heirs. An Italian will makes the whole process of probate much smoother for beneficiaries.
Related content
Understanding Italian inheritance laws