Hi there,I own a property in Italy, and I

04/07/2021 - 20:11

Hi there,

I own a property in Italy, and I an wondering if my Canadian last will overrides the Italian law when it comes to inheritance.

I have a wife and two kids, should I die, in Italy the beneficiary would be 1/3 my wife, 1/3 my son, 1/3 my daughter.

However, in my last will here in Canada, my wife is the main beneficiary, and only if she is not living, then my children would get 50% each.

I read different opinions here and there, but according to what I read in Italy Magazine, I could add a clause which expressly states that I am electing for my own country’s inheritance legislation to apply to their Italian property.

If this is indeed the case, then it would be easy.

I am seeking for further opinions.

Thank you,




Yes, as long as your are not habitually resident in Italy you can add that clause, (as long as Canada signed up to the agreement).  You should also write a hand written will in Italy (and Italian) which says you would like the the inheritance law of your country of nationality and residence to take precedence in the event of your death.  

Make sure your Canadian will is an international will, becuase it will have to be translated and published in Italy to sort out your succession.