italian wills

darrenw Image
09/04/2013 - 10:39

i am wanted to contact a local solicitor who can help us with a italian law for our hosue in italy.  we do not live in italy so a solicitor whom we can deal with via email or in england who speaks english would be good.  i have contact two solicitors over the last few months, but they seem they can not be bothered to reply to email requests! darren & Tracy



Do you really want an Italian will? My understanding is that you can write this into your UK will that you want your Italian property dealt with under UK law. Seems there is an agreement between EU countries. If you don't state this then they can bat it backwards and forwards. Have an Italian will if you want but it seems an unnecessary expense. Please tell me if I'm wrong.

You are right Jacki you can put what you want in your will, and it is perfectly OK to have one will just in the UK which refers to your worldwide property including any property in Italy.whether your will can be challenged by your heirs after your death if they were not left the share they were enitled to...better to check this before you make a will, but it does not make the will invalid per se.It can be a good idea to have a separate will in Italy for your property here, but depends on your own circumstances, and only if both wills are carefully checked by a lawyer to avoid any conflict between the two. The main reason for keeping separate wills in different countries is also to lessen the bureaucracy for your heirs.You can make a will in English or Italian.Many people are unclear about the type of will they can make, ie what form it  should be in. An English will signed in front of two witnesses, a holographic will, or a public will signed in front of a Notary Public in Italy? The answer is probably any of these.Your will is valid if it is made in the form prescribed by:- the law of the country in which it is signed- the law of the country where the testator is resident or domicile- the law of the country of which the testator is a national (at the moment of signing the will).Charlotte 

If you opt for a holographic will in ITaly, then you can choose for your property in ITaly to be disposed of under the terms of the will of your nationality - ie British.  It should therefore be listed in your British will.  If you leave it under Italian law, you are subject to the legittima - the division of your property according to the law and not your wishes.