Making a will for property in Italy

Many international property owners ask the same question after purchasing a home or making an investment in Italy:

"Do I need an Italian will?"

The answer is not always straightforward.

In some situations, preparing an Italian will is highly advisable. In others, an existing foreign will may already provide an appropriate solution. Everything depends on the individual's personal circumstances, family situation, nationality, residence and the way in which the estate has been organised.

For this reason, the first question is usually not whether an Italian will is required, but whether it would simplify the administration of the estate and provide greater legal certainty for the future.

Is a Foreign Will Valid in Italy?

In many cases, yes.

A will validly executed abroad does not automatically lose its effectiveness simply because the deceased owned assets in Italy.

Italian authorities may recognise foreign wills, provided that the applicable legal requirements are satisfied and that the document can be used within the Italian legal system.

However, recognising a foreign will is not always the same as administering an Italian estate efficiently.

Language differences, formal requirements, legal terminology, translation issues and the need to establish the applicable law may all complicate the administration of the succession.

For this reason, international families often choose to evaluate whether an Italian will would provide a simpler and more practical solution.

Why Do Some International Families Choose an Italian Will?

Preparing an Italian will does not necessarily replace an existing foreign will.

In many cases, it complements an overall estate planning strategy.

An Italian will may:

• simplify the administration of Italian assets;
• reduce practical difficulties after death;
• facilitate communication with Italian authorities;
• provide clearer instructions regarding property situated in Italy;
• reduce the need for extensive interpretation of foreign legal documents.

Its principal purpose is not to change the law governing the succession, but to make the administration of the estate more straightforward.

One Estate, Several Countries

Modern families frequently own assets in different jurisdictions.

A person may have been born in one country, married in another, lived for many years in a third country and own property in Italy.

This international dimension does not necessarily require separate wills in every country.

However, it does require careful coordination.

Multiple wills should never be prepared independently without considering how they interact.

A later will may unintentionally revoke an earlier one.

Different legal systems may interpret similar clauses differently.

For this reason, international estate planning should always consider the estate as a whole rather than treating each country separately.

Can You Choose the Law Governing Your Succession?

In many international situations, yes.

Regulation (EU) No. 650/2012 allows a person to choose as the law governing the succession as a whole the law of a State whose nationality that person possesses at the time of the choice or at the time of death. A person with more than one nationality may choose the law of any of those States.

This choice, known as professio iuris, must satisfy the conditions established by the Regulation and is usually expressed in a will or another legally appropriate instrument.

For many international families, this represents one of the most valuable estate planning tools available.

Rather than leaving the applicable law to be determined after death through a detailed analysis of habitual residence and international connections, a valid professio iuris may establish the governing law in advance.

This often provides greater certainty for both the family and the professionals responsible for administering the estate.

Does an Italian Will Allow You to Ignore Forced Heirship Rules?

Not necessarily.

Many countries protect certain close family members by reserving to them a minimum share of the estate.

The existence and extent of these protected rights depend upon the law governing the succession.

For this reason, preparing an Italian will does not automatically allow a person to dispose freely of the entire estate.

The first question is always which legal system governs the succession.

Only then can the validity and effect of the testamentary dispositions be properly assessed.

Which Type of Will Is Commonly Used in Italy?

Italian law recognises several forms of will.

For international clients, the most common are:

• the holographic will, entirely handwritten, dated and signed by the testator;
• the public will, in which the testator declares his or her wishes to an Italian Notary in the presence of the witnesses required by law and the Notary records those wishes in the testamentary instrument.

Each form has its own advantages.

A holographic will is simple to prepare but may create practical difficulties if it is lost, damaged or difficult to interpret.

A public will remains in the custody of the notary, is formally recorded and substantially reduces the risk of disputes concerning authenticity or validity.

The most appropriate solution depends upon the individual's circumstances and the complexity of the estate.

Should the Will Cover Only Italian Assets?

It depends.

Some international wills are drafted to deal exclusively with Italian assets.

Others form part of a coordinated worldwide estate plan.

Neither solution is automatically preferable.

The appropriate approach depends upon the existence of previous wills, the countries involved, the applicable law and the overall objectives of the testator.

Avoiding inconsistencies between different testamentary documents is often more important than deciding whether there should be one will or several.

Can the Will Be Written in English?

The language of the will depends upon the legal form chosen.

When a public will is executed before an Italian Notary, the formal requirements of Italian succession and notarial law apply, including the presence of the witnesses required for that testamentary form.

If the testator does not understand Italian, the linguistic procedure depends on the Notary's knowledge of the foreign language. Where the Notary knows that language, the instrument may be received in the foreign language with an Italian translation prepared by the Notary. Where the Notary does not know the foreign language, the instrument is received in Italian with a written foreign-language translation prepared by an interpreter who fulfils the statutory requirements and takes the prescribed oath. The specific formalities must always be coordinated with those required for a public will.

Where the will is intended to operate internationally, careful drafting is particularly important to ensure that its legal meaning is preserved across different legal systems.

Reviewing a Will Is Just as Important as Making One

Many wills remain unchanged for decades, even though the testator's personal circumstances may have changed substantially.

Marriage, divorce, the birth of children or grandchildren, the acquisition of property in another country, a permanent move abroad or changes in the applicable law may all justify reviewing an existing will.

Estate planning should therefore be regarded as an ongoing process rather than a document prepared once and forgotten.

Periodic review is particularly advisable for individuals whose lives or assets extend across more than one jurisdiction.

The Role of the Italian Notary

The Italian notary does much more than prepare the formal text of a will.

The notary helps determine whether Italian law governs the succession, examines the interaction between Italian and foreign legal systems, evaluates whether a professio iuris may be appropriate and ensures that the testamentary provisions are compatible with the applicable legal framework.

Where international assets are involved, the notary also helps coordinate the Italian will with any existing foreign testamentary documents, reducing the risk of unintended revocations, conflicting provisions or unnecessary complications during the future administration of the estate.

For international families, a carefully planned will is not simply a legal document. It is one of the most effective instruments for protecting the family, preserving legal certainty and ensuring that future generations can administer the estate with clarity and confidence.

The final assessment should always be made in light of the testator's nationality, habitual residence, family circumstances, existing testamentary arrangements and the international elements affecting the estate.