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Making a Will in Italy – An Overview
The purpose of having an Italian Will for an Italian property and assets, in the event that the owner is not Italian or is resident abroad, is to enable the straightforward transfer of the property and assets to their heirs after their death, so that the necessary formalities can be easily and quickly dealt with in Italy. If you have property and assets in Italy and you do not have a valid will registered in Italy then your heirs will be subject to probate and the choice of heirs will be governed by the succession law of your country of domicile.
Types of Italian Will
The most formal method of making a will in Italy is a public will, witnessed by a Notary Public and deposited at his studio. The will can be drawn up either by a lawyer, who can check that the will complies with private international law or the national law of succession of the testator, or by the Notary in cases where the will is more straightforward. The public will is the type of will preferred by the majority of Italian residents as it is guaranteed to be kept safely during the person’s lifetime, and simplifies the process of administering an estate after death.
There are two other valid methods for drawing up a will, a holographic will which is handwritten by the testator, or a secret will in which the handwritten will is lodged with the Notary for safekeeping in a sealed envelope. The costs of making these wills are less than a public will, although they run the risk of being invalid or ambiguous where they are not checked by a lawyer or in the case of a holographic will of being lost or destroyed. Following death of the testator these wills must be “published” by a Notary, or in other words registered as a public deed
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