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Making a will in Italy

Making a will in Italy Once you have bought your property in Italy, you will need to prepare a will to protect your assets in Italy.

You will need to speak to an Italian lawyer to organise this

What you should know about making a Will for your Italian assets

It is best practise to have a separate Italian will for your Italian property. A UK will would be accepted in Italy – if it complies with Italian inheritance law. Currently in Italy you can’t leave your assets to anyone you want, rules of forced heirship require you to leave a certain percentage of your estate to the surviving spouse, children (if any) or to other close relatives (i.e. parents). Under Italian law, the children automatically inherit part of their parents’ estate.

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FAQs: Making a will in Italy

Do I need a will in Italy if I own property there?

Yes. If you own property or assets in Italy, it’s strongly recommended to make an Italian will to ensure your wishes are followed under Italian law. Without one, inheritance will be handled according to Italy’s default succession rules, which may differ from your home country.

Can foreigners make a will in Italy?

Yes. Foreigners can make an Italian will, even if they are not residents. This helps avoid legal complications and ensures clarity for heirs, particularly if you own Italian property alongside assets in another country.

What types of wills are recognised in Italy?

The most common types are: Holographic will (testamento olografo) – handwritten, dated, and signed by you. Public will (testamento pubblico) – drafted by a notary in the presence of witnesses. Secret will (testamento segreto) – written privately, sealed, and deposited with a notary.

What happens if you die without a will in Italy?

If you die intestate (without a will), Italian inheritance law will determine who inherits your assets. Spouses and children have fixed legal rights (legittima), and other relatives may also have entitlements, depending on your family situation.

Can I have both a UK will and an Italian will?

Yes, but they must be carefully drafted to avoid conflicts. Many expats choose to have a separate Italian will covering only assets in Italy, and another in their home country for assets held there.

Do Italian inheritance laws override my will?

Partially. Even with a valid will, Italian law reserves a portion of your estate for certain heirs, such as your spouse and children. This is called the forced heirship rule.

Do I need a notary to make a will in Italy?

For public wills, yes. A notary is required to draft and record the will. For a holographic will, a notary is not required, but using one is recommended to ensure legal validity and registration.

How do I register a will in Italy?

Notaries automatically register public wills in the Italian Wills Register. For holographic wills, you or your heirs can deposit the document with a notary for safe storage and registration.

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