Italy Trust Lawyers

Drafting a Will in Italy

Recognition of a Foreign Will in Italy and Important Aspects of Italian Inheritance Law Regulation

As a matter of law, Italy recognises international wills. However, it is also well known that Italian Succession Law is, to put it mildly, a little daunting for foreigners.

Moreover, it is important to stress the fact that according to Italian law:

• members of the Testator’s immediate family (spouse and children) have a mandatory statutory minimum entitlement (called: “legittima”);
• it is provided in detail by the civil code what will be happening in case a beneficiary predeceased the Testator, and he or she has failed to provide otherwise.

Why should you Draft an Italian Will

Therefore, drafting an Italian will, and set there up what will happen to your Italian assets, usually allows you:

• to choose by which law it will be regulated;
• to foresee what will happen in case one the will’s beneficiary predeceased you;
• to have a document written in Italian that can be easily understood by any Italian public or tax office;
• to facilitate your relatives and everyone involved in the submission of the declaration of succession (“dichiarazione di successione”): a very important document that must be submitted within 12 months by the time of the Testator’s death.

Focus: Will drafted by an European Citizen

In 2012, EU Regulation n.650/2012 (which does not legally bind Ireland and Denmark) on international successions has partially modified Italian Private International Law relating to succession, providing that the law regulating the will is going to be:

• by default, the law of the Country where the Testator had his or her “habitual residence at the time of death” (the meaning of which remains unclear and the Regulation does not give any definition of it);
• the one chosen by the Testator. In this case it could be either the law ofthe State whose nationality the Testator possessed at the time he made the choice or at the time of death.

Focus: Testator from the United Kingdom

English Private International Law on succession provides that in case of immovable property being included within the Testator’s Estate, the law applicable is going to be that of the Country where said assets are located. Therefore, if Testator had immovable assets in Italy, Italian law would regulate the will.

Having highlighted all these problematic questions, finding an Italian lawyer to draft your will is of the highest importance and we are willing and ready to help you to do so.

Buy or Sell Property in Italy

When it comes to bureaucracy, Italy is second to no one. It is, in fact, the most challenging obstacle foreigners find in their way when they want to buy or sell land or immovable property in Italy.

In fact, property conveyancing in Italy requires:

• the drafting of a purchase agreement (note that the wording of said agreement is important to determine if the property is transferred immediately or if it is necessary to draft another agreement called “definitivo”), in which every aspect of the immovable has to be described in detail from the address to rooms and so on;
• to evaluate the tax impact of the operation;
• to consolidate your purchase by inserting it within the Public Registers according to Italian Land Registration Law.

Therefore, finding an Italian Law Firm is crucial to successfully complete your real estate operation and we are willing and able to help you find the most suitable solution for you, from the drafting of the purchasing agreement to its registration within the Public Registers, following you step by step in every part of the proceedings.

You will be able to purchase your property and we will take care of any bureaucratic aspect for you.