Making a will
 

Hi all,
We have had an apartment in Sardinia for the last 12 years and for all this time we still haven't sorted out a will.:o Can this be done in the UK? :fingerscrossed:
To be honest we haven't sorted out a will in the UK either..

Re: Making a will
 

Yes it can be done in the UK with a UK will, but you need some additional para regards wanting your will to be dealt with under UK legislation, you need specific wording. If you get a UK will ask them to add it, if they don't know, then tell them to find it on the web... Better still someone here will dig it out for you...

Re: Making a will
 

Cheers for your advice, we just need to pull our fingers out and get it the wills done. Like most people we keep putting it off..

Re: Making a will
 

The best advice I can offer is that you need this statement included-
"I direct and declare that for the purposes of regulation (EU) No 650/2012 English law shall determine the succession of all my estate situated in Italy whether moveable or immoveable"
I'd welcome hearing further advice from anyone else who knows otherwise.

Re: Making a will
 

If you are not resident in ITaly, you can make a simple holographic will (n Italian) declaring that you would like the inheritance law of your country of citizenship to apply. Then make an international will in the UK.

Re: Making a will
 

I suggest to write an holographic will in Italian choosing U.K. law to be applied on your succession, if you are not resident in Italy. By writing an Italian will you can avoid administrative issues related to heirs activities.

Re: Making a will
 

We had a clause added to our UK wills that it is our wish that our property (also in Sardinia) is handled according to UK law. The solicitor took some convincing as she had no experience of overseas property and inheritance laws but we got there in the end.

Re: Making a will
 

Diddidi - you will still need someting for Italy however. A holographic will is the easiest route, or an international will. If you are resident in ITaly though, the citizenship route may not be open any longer however and the UK opted out of the last EU legislation.

Re: Making a will
 

Thanks modicasa! Out of interest, do you have to lodge the holographic will with anyone so that the Italian authorities know that it actually exists?

Re: Making a will
 

Most people give them to a notary, but its not a legal requirement. It just needs to be findable in the event its needed.

Re: Making a will
 

I sure it will be easier for those you leave if you have something telling them what needs to be done and how to do it, especially regards Italy. But I’m not so sure you legally need anything other than a UK will worded to specify you want it executed under UK law. Having that will translated and verified here in Italy I’m sure would be of a great help.
Regards the UK not signing up to the recent EU changes to succession, if you do a search on the subject you find all sorts of legal people telling you different things or things in a different way, for many it’s a business (costly one for us). So I could say you really need to take legal advice, but know this cost, and hassle will put many off. I think most would agree you really should have a last will and testament if you have wishes to leave your assets to certain people. With a lot of people it is simply their children and if nothing else you want it to be as easy as possible for them.
Personally I would do that search above and make your own mind up how you want to proceed, hopefully it’s a one off job and if it costs you £500, but gives you peace of mind, so be it! On the other hand if you don’t want to fork out such sums and are happy with other options, that’s what you should. This is a started for 10 to get the drift of thing and wording to look for f you want other searches. European Commission Link .

Re: Making a will
 

But if you make a hologrpahic will in Italian then having to translate your UK will and have it published in italy at great expense is avoidable. Perhaps.

Re: Making a will
 

Modicasa, do you not have to legally do anything with your holographic will? Is there no cost involved?

Re: Making a will
 

No. Its a hand written 2 line will asking that your succession be dealt with according to the law of your country of residence.

Re: Making a will
 

Thanks Modicasa, it was just that I've read on the local forum experienced people saying it should be lodged with a notaio and made "public" and that this could cost 500-600? This to me sounds a lot of money, whereas what you were saying sounds like extra cover to help those left that have to deal with the Italy side. I notice in a few things I've read on the subject the matter of residency has been mentioned, but not the difference in makes?