Make a last Will & Testament in Italy

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Francisca was extremely helpful and provided a great service. She responded promptly and professionally to all correspondence and worked to resolve the issue.
Kristian Done
Kristian Done
11 Mar 2024
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Service Details

Make a last Will & Testament

This service is available across Italy

Client Profile: Who Needs This Service?

  • Individuals with assets in Italy, including expats and foreign nationals.
  • People seeking to specify the distribution of their estate to their heirs.
  • Anyone interested in a legal instrument that offers the flexibility to be modified until the end of their life.
Client Profile: Who Needs This Service?

Prerequisites

The testator must be of legal age and of sound mind, as per Italian law. In addition, the Will must be made in compliance with the specific legal formalities for drafting a Will in Italy. These formalities vary depending on the type of Will chosen. 

There are three primary types of Wills recognized in Italy: holographic, public, and secret, each with its own set of requirements:

  1. Holographic Will: This type of Will is entirely written, dated, and signed by the hand of the testator. It does not require the presence of witnesses or notarial involvement to be valid. However, it's crucial that the handwriting, date, and signature are clearly identifiable to avoid disputes regarding its authenticity.
     
  2. Public Will: Prepared with the assistance of a Notary in the presence of two witnesses. The testator declares their last wishes to the Notary, who drafts the Will and reads it back to the testator in the presence of the witnesses. The Notary then finalizes the document with the signatures of the testator, witnesses, and themselves. The process ensures that the Will is properly entered into public records and securely stored.
     
  3. Secret Will: The testator writes their Will or has someone else prepare it, then places it in a sealed envelope. The sealed envelope is then presented to a Notary in the presence of two witnesses. The testator must declare that the document contained within is indeed their Will. The Notary records the delivery of the sealed document, which is then signed by the testator, the witnesses, and the Notary. Unlike the public Will, the content remains unknown to the Notary and witnesses.
     
  4. Moreover, there is also the International Will, provided for under the Washington Convention and recognized in Italy through specific legislation. This form allows for a Will that, despite being subject to fewer formal requirements than a secret Will, offers a viable alternative for international situations.

Prerequisites

Process: Our Approach

  • Initial Consultation: Gathering detailed information about your estate and final wishes.
  • Choosing the Type of Will: Advising on the most suitable form of Will—public, holographic, secret, or international—each with its specific requirements and benefits​​.
  • Drafting the Will: Ensuring the Will is drafted in accordance with Italian law, including the mandatory presence of witnesses for a public Will or specific procedures for a secret or international Will​​.
  • Safekeeping and Registration: Offering advice on the safekeeping of the Will, whether it should be held by a notary, lawyer, or in a private secure location.
Process: Our Approach

Benefits to Clients

  • Expertise in Italian Law: Navigating the complexities of Italian inheritance law for expats.
  • Customized Estate Planning: Personalized drafting of your Will to fit your individual situation.
  • Asset Protection: Ensuring your estate is managed according to your wishes.
  • Clarity and Legal Compliance: Crafting clear, unambiguous Wills to prevent future disputes.
Benefits to Clients

Key Elements of this Service

  • Legal advice on Italian inheritance laws and expat considerations.
  • Support in drafting both straightforward and complex Wills.
  • Guidance on complying with Italian legal procedures for Will formalization.
  • Expertise in handling cases for both residents and non-residents in Italy.
Key Elements of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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