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The regulations of Will & Testament in Martina Franca, Italy are governed by Italian civil law. Italian law recognises different types of wills: holographic (handwritten, dated and signed by the testator), public (drawn up by a notary in the presence of two witnesses), and secret (placed in a sealed envelope and presented to a Notary). Furthermore, the 'forced heirship' system is applied, wherein certain portions for close relatives cannot be excluded in a will. Despite the locality, the overarching laws remain the same throughout Italy.
A lawyer can be immensely useful in managing matters of inheritance. From creating a well-drafted testament to understanding estate taxes or managing disputes over estates, a lawyer's involvement often leads to smoother proceedings. Given the complexity of Italian law, particularly the application of 'forced heirship', coupled with relevant European Union legislation, having a lawyer can help you avoid potential legal pitfalls.
Under Italian law, a person is free to dispose of only a portion of their assets through a will. The law enforces 'forced heirship' rights that protect close relatives. By law, 50% of the estate must be reserved for children, 25% for the surviving spouse and if there are no children, the spouse is entitled to receive 50%. In consideration of the assets abroad, Italy applies the law of the deceased’s nationality. Understanding these laws is crucial to the process of making a Will & Testament.
If a person dies without a will, Italian law applies intestacy rules. The estate will be divided between the spouse and relatives up to the sixth degree, depending on their connection to the deceased.
Yes, you can change your will at any time in your life provided you are of sound mind. All you have to do is follow the same procedures as before. The new will should state that it revokes all previous wills.
An executor in Italy is a person or institution appointed by the testator to ensure that the terms of the will are carried out as stated.
Yes, foreign wills are generally recognized in Italy, but they must comply with the legal form of the testator’s nationality, or the form of the place where it was made or the form of the place where the testator had a residence or an habitual abode.
No, Italian law enforces 'forced heirship' and thus, a certain portion of your estate must be allocated to your children. Consult a lawyer to understand the specifics and exceptions to this rule.
For more information, consult resources such as the Italian Ministry of Justice, local Notary Public offices, or local legal advice centres. Online platforms like 'Studio Legale' also provide insights on Italian law around wills and estates.
If you require legal assistance, start by identifying and contacting an experienced local lawyer who specializes in wills and estates. Get your assets appraised and begin drafting your testament with the assistance of your lawyer, ensuring you abide by Italian laws. Always keep copies of legal documents for future reference.
