MAKING AN ITALIAN WILL

There are many benefits gained by choosing to write an Italian Will with Giambrone Law. By seeking competent legal advice taxes can be minimised, it will bring clarity to the Italian authorities of your wishes and it reduces the possibility of a family member contesting the estate, at the time of your death.

Without an Italian Will in place…
When a person dies with holding title to assets in Italy but without the making of a valid Italian Will, the Italian general rules on intestate succession will apply. This simply means that under Italian law any assets held within Italy will pass directly to the deceased's heirs. This forced heirship is known as legittima.
Intestate Succession will follow if the deceased has not left a Will. By law the successors to the estate follow the line of children and grandchildren or parents and grandparents as beneficiaries of the estate.

It is also worth pointing out…
Under intestate succession: if the deceased has a surviving spouse and they were either still married or separated at the time of death, they will be entitled to inheritance.

If the deceased has a spouse and a child then under intestate succession, the wife will be entitled to half the estate and the other half to the child.

If the deceased has a spouse and two children then one third will go to the spouse whilst two thirds would go the children. If there isn't a surviving spouse, then parents, siblings, uncles, aunts and nieces or nephews would be entitled to inheritance claims. If there were no claims then the deceased's estate would go to the Italian State.

To make an Italian Will…
To make an Italian Will, a person must be at least 18 years old, with a sound mind and the legal owner of the Italian assets.

Although International Wills are recognised under Italian jurisdiction, it is advisable for a foreigner to make an Italian Will should they become an Italian resident or if they become the owner of Italian property or land.

If you already have an International Will and you intend to leave your estate to your heirs without writing an Italian Will then please be aware that the transfer can become a lengthy and difficult process because the Italian Notary Public will need to resolve conflicts between foreign and Italian law. It would almost certainly cost significantly more than it would to have Giambrone Law draft you an Italian Will.

How long will it take?...
The process of writing an Italian Will doesn't take long but it is important to ensure it is written accurately. If you have to amend a Will at any given point it is important to point out that the most recent Will is the one that is valid.