About Will & Testament Law in Milan, Italy:
Will and Testament law in Italy, including Milan, is based on the principle of 'forced heirship'. This means that a portion of an individual’s assets must be left to their surviving spouse and children. However, a part of the estate can be freely distributed - known as 'disposable quota'. Understanding the intricacies of this law makes it essential that you seek legal advice when writing your will to ensure it complies with the local regulations.
Why You May Need a Lawyer:
Legal advice is crucial when drafting a Will & Testament to ensure that the document is legally binding and accurately reflects your wishes. Lawyers can provide guidance in planning the distribution of your assets, identifying the disposable and non-disposable quota, and addressing any potential tax liabilities. Additionally, having a lawyer can help prevent disputes among your heirs after your passing.
Local Laws Overview:
Italian law defines three types of wills: holographic, public and secret. A holographic will is written, dated, and signed by hand by the testator. A public will is witnessed and stored by a notary, while a secret will is given to a notary in a sealed envelope. Depending on the type of will and the number of heirs, certain percentages of the estate are obligatory to be given to the surviving spouse or children. If you are non-Italian, you may choose to have the law of your nationality to rule your will.
Frequently Asked Questions:
What is 'forced heirship'?
Forced heirship is a legal requirement in Italy that assigns portions of your estate to your surviving spouse and children. This portion of your asset is called 'reserved quota' and the rest is 'disposable quota'.
Am I free to leave my assets to anyone?
No, Italian law limits the individual's freedom to bequeath all their assets as per their wish because of the forced heirship rules.
How can I write a will in Milan, Italy?
You can write a will by yourself, but it is advisable to seek guidance from a local solicitor to ensure that all legal procedures are properly followed.
What is a public will?
A public will, or 'testamento pubblico', is drawn up with the assistance of a notary public. It offers the advantage of being correctly drawn up, legally stored, and easily executable upon death.
Do I need a lawyer to write a will?
While not required, hiring a lawyer to help you draft your will can ensure that your estate is properly distributed and that all legal procedures are met.
Additional Resources:
For Additional Information, you may reach out to 'Ordine degli Avvocati di Milano' (Bar Association of Milan), 'Agenzia delle Entrate' (Italian Revenue Agency), or 'Consiglio Nazionale del Notariato' (National Notary Council). These institutions can provide detailed information regarding Will & Testament laws in Milan, Italy.
Next Steps:
If you need assistance in drafting your will, look for a reputable law firm specialising in Wills & Testament law in Milan. Ensure that the lawyer is knowledgeable of the local laws and has experience handling similar cases. It’s also important to prepare a detailed list of your assets and the way you’d like them to be divided among your heirs.
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