defenderman1

Hi all. We have had a apartment in Sardinia for over ten year but we still haven't sorted out a Will for England and Italy. Is there anything I should know and where is the best place to start?

Pinco Pallino

I'm currently looking into this and would also value some advice from fellow Brits.

I have been advised that in order to keep things simple it may be advantageous to have separate wills for the UK and Italy. This would be to avoid any complications, conflicts or delays in sorting out the estate.

You can do a DIY will (testamento 'fai da te') but I think that in any case you'll need to go to a notary at some stage.

I guess the simplest thing would be to do it through a local solicitor (but I'm not an expert, so too would appreciate advice).

fleetwoodmac1975

You do not need a solicitor to write a will in Italy. Don't go giving money for something that is not needed. We are not in the UK where you are not encouraged to write a will without a solicitor.
You can write an holographic one.

Your are correct about writing an Italian will for your Italian estate and a UK one for your UK estate. However wills will not make a difference to hmrc uk inheritance tax should this be due. Tax planning may be needed.

primularossa

in Italy, the "codice civile" (a collection of laws regarding private matters, weddings, family, properties and so on) states who are the heirs (legally) and how to divide the inheritance among heirs.
If no will is made, the inheritance is divided according these rules.

If you want to decide otherwise, in Italy you are not completely free to do it, as there is a part of the inheritance (called "legittima") that MUST go to the legitimate heirs. You can decide freely about the other part. Maybe (I am not sure) this odes not apply in case you do not have children and/or spouse. Maybe in this case you are free to do what you want.

it is true that, anyway, an "hand made" will is valid, if signed and if it is correct in the content (i.e. the will expressed is not illegal).

I am not sure what does it happen if you have properties in two different countries, you are resident in Italy but citizen of another country. I fear that the residence prevails, so your properties abroad will be treated as if they were in Italy. I checked in the internet, there are lots of web page about this issue.

Good luck
Primula

fleetwoodmac1975

In UK law domicile and residence are two very different things.
Domicile will determine which law may apply and certainly how much tax you will have to pay to hmrc.

BEVS

Right. Brilliant.

So what is the help and answer to the OP's question then please?


Ta.

fleetwoodmac1975

1) Get a solicitor in the UK to draft a will for UK assets only

2) get a sheet of A4 and a pen and write a will for your Italian assets only. Store the will either with a notary or with someone you trust

3) If you have an estate worth more than 325k contact a tax planning spcialist to avoid UK HMRC from claiming that odious tax called IHT.

37100

One thing I would def do is to get your UK will and power of attorney etc translated and certified. Before anyone shouts at me, not necessary, I know, but when the time comes, if needed for some reason, who ever is dealing with you estate will not be up to getting it done.

BEVS

Quality suggestion.

So , is it one executor for all assets or one for each country.
Is it 2 wills . If so, what ties the whole estate together

I'm trying to help this along a little with some real step by step help .

fleetwoodmac1975

Nothing should tie the two estate together and you are better off with everything separate, especially in terms of iht.

Pinco Pallino

Many thanks for this fleetwoodmac1975.

My UK will is all 'sorted'; and my Italian will will be so in about 10 minutes' time. (I've looked at a number of examples of 'testamenti olgrafi' – and the whole thing seems really straightforward!)

modicasa

Just an 'avviso' - the idea of an executor acting on behalf of numerous heirs is a bit difficult here in ITaly - and with an international will or EU will can become complicated. If you do a hologrpahic will where your heir is your other half or your kids etc - then its easier. Appoint an executor to sort out bequests and there are a load more hoops to go through with regard to Italian law

defenderman1

Cheers for all your replies. That clears that one up then...

Adrian_W

Hi All,
new on here and also trying to get to grips with the Wills issue. We are a British couple with one 19yo child resident in the UK. In 2008 we bought a property in Calabria as a holiday home.
Currently we don't have an up to date Will in either the UK or Italy and obviously need to sort this out asap. I'm hearing about changes in the EU laws coming in next month: <<<snip>>>
so not sure whether I should act before this comes in or wait until after the new laws take effect next month.
There was also mention of examples of 'testamenti olografi' but I cant find these, so a link or pointer to some sort of template would be useful if anyone has.

Many thanks

modicasa

The new EU laws come into efect on Aug 17 (ish). unless your situation changes with regard to residence you are fine with a testamento olografo.

It must be hand written, legibile, signed and dated and state your nationality.
Usually the form is the I , being a citizen of X, in the event of my death wish that the law of my country of nationality - X is used in any succession. Short and sweet. But obviously it must be written in Italian and preferably you have an UK will that it can revert to. You can find examples online.