Succession Regulation

04/19/2012 - 09:37

The EU Proposal for a Regulation on Wills and Succession had its first reading in the EU Parliament on 13th March 2012. On its way to becoming law soon....Once the law is passed, rules for succession in all member states (except UK and Denmark) will be law of your habitual residence unless you have made a will expressly stating that you wish the law of your nationality to apply.To answer a query, for a member who has just joined the group, if you are British and resident in the UK and have a holiday home in Italy, the current position is that Italian succession law would apply to your property. After the Reg is in force, even though UK is not participating, succession to property within the other EU countries will follow the new EU law. Therefore if you died a British national, intestate and habitually resident in the UK, English law would automatically apply to determine the heirs to the Italian property. On the other hand, if that British national was habitually resident in Italy, leaving a wife and three brothers and died intestate, Italian law would apply to his or her whole estate and the wife would receive two thirds of the estate and the brothers one third divided between them.Charlotte



It doesnt matter what language the will is drawn up in, in fact it makes life easier for your heirs if it is drawn up in Italian, but I would only recommend that if you are sure about the meaning of what you write. What is important that your wishes are clear, the will is in a valid form, and for British citizens who want to guarantee the traditional rule that you leave everything to your spouse unless they predecease you by 30 days etc....that somewhere in that will you say " my succession shall be governed by English law"

Charlotte, Will a simple  holographic will still be acceptable for the new law or will everryone who currently has a handwritten will lodged at the notaio electing the law of their nationality have to do a new one?  What do you think? Thanks

In reply to by Ram

A British national resident in Italy can make the following forms of will: A holographic will (beware, make sure these are drafted properly and keep them SAFE) A Public will with a Notary public A secret will deposited with a Notary public OR An English form will, signed in the presence of two witnesses. Any of these forms will be valid in Italy whether they are written in Italian or English! RAM: Any will which you have already drafted will be perfectly valid. People who have wills which do not state the choice of English law will need to weigh up if they would be happy for Italian law to apply to their succession, as this will happen if their will is not changed. C