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The Importance of Seeking Good Legal Advice for Preparing a Will
The importance of making a will in Italy in conjunction with good legal advice if you own property and other assets in Italy should not be underestimated. Exploring the Italian and private international laws on succession can be confusing and contradictory, especially to non-Italian nationals resident in Italy who wish to draw up a will.
Before starting the process it is advisable to discuss all the particular circumstances with a specialist lawyer, an Avvocato or Solicitor, who will consider the nationality or origin of the person making the will (“the testator”), whether or not they speak Italian and where their property and assets are situated. They can then be advised on the best course of action and how to ensure that their inheritance is passed to their chosen heirs in the most straightforward and cost-effective way.
Further Points to consider
The formalities for making a valid will differ from country to country, and in particular between common law systems (such as England, the United States, Australia, and civil law systems (for example Spain, Italy, France). For example, an English will differs from an Italian will in that two witnesses are required for it to be valid. The general rule is that a will should be valid in the country of intended long-term residence, to avoid giving grounds for challenge to any person who wants to contest the will after the death of the testator. Likewise it may be advisable to make a will valid under the national law of the country in which a person’s main property is situated, to reduce complications on obtaining probate and administering the estate there. A person intending to remain in Italy for the long-term, subject to their particular circumstances, will therefore normally be advised to make an Italian will.
Regular Reviews
A will must be regularly reviewed and updated whenever there is a change of circumstances, whether a new child is born, new property is bought or the testator takes up residence in a different country.
You may find it helpful to complete our online review for making a will in Italy which is designed to give you some quick feedback on the steps you may need to take and you can request a consultation on a number of issues related to living and working in Italy by clicking below.
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