Avv. FABIO PUCCIARELLI - LEGAL CONSULTING

Avv. FABIO PUCCIARELLI

WHY YOU NEED AN ITALIAN WILL

Buying a property in a foreign country is an exciting experience, but it is also important to think of the future and the loved ones that you may one day wish to inherit the important and precious dream that you have made come true. So, in order to make the change of title easy and legal, it is advisable to arrange a testamentary succession that complies with both the law of your home country, and the laws of Italy.

In most cases regarding any immovable assets located in Italy, Italian law will refer to the law of your home country to decide the final disposition of any assets left as inheritance. This process combines both nations’ lawful rules, and can sometimes become quite complicated for the executors. These situations can be easily simplified by the signing of both a foreign and an Italian will, in observance of the different rules laid down by each legal system. For this reason it is strongly recommended that you consult a good lawyer in your home country as well as in Italy for advice and suggestions pertaining to the procedures involved, and also in order to avoid an intestate succession with the complicated consequences that such a situation implies in Italy.  

The Italian procedure for making a will, like that which applies to the deed of purchase of immovable assets, is very formal and involves many strict rules; you cannot simply go to a stationer’s and buy a pre-printed form to fill in and sign. In Italy, you can to a notary’s office with an interpreter and sign a will in Italian, or to an English-speaking lawyer who will help you with the formalities of the will, with you effectively acting as the notary representing yourself.  

In Italy, making a will is not as inexpensive as abroad. The cost reflects the fact that it is a legal document with many unique formalities, requiring the informed study of a complex combination of rules.