Making a will
Mar 17th 2017 | 5:27 am
#16
BE Forum Addict
Joined: Dec 2009
Posts: 2,645
Re: Making a will
No. Publishing a will in ITaly costs money. A holographic will directs the succession according to the law of your residence, instead of the Italian law of the legittima. However, when you come to do the succession for your property held in Italy, a foreign will must be published in ITaly- which is a public act done by a notary and which costs money. Only then can you do the succession.
If you are happy to have your property dealt with under the legittima then there's no need for a will to be published as italian succession law takes precedence.
What it boils down to is this:
If you want to leave your property to your sister and not your husband or your children, you have to use a foreign will - as its against Italian succession law. The holographic will states that your 'home' will takes precedence. Once that is established the will must be translated and published in Italy, at which point the succession can be done which leaves the property to the sister.
If you are happy to have your property dealt with under the legittima then there's no need for a will to be published as italian succession law takes precedence.
What it boils down to is this:
If you want to leave your property to your sister and not your husband or your children, you have to use a foreign will - as its against Italian succession law. The holographic will states that your 'home' will takes precedence. Once that is established the will must be translated and published in Italy, at which point the succession can be done which leaves the property to the sister.
Last edited by modicasa; Mar 17th 2017 at 5:31 am.
Mar 17th 2017 | 5:40 am
#17
BE Forum Addict
Joined: Oct 2016
Posts: 1,309
From: Ex Teramo, Abruzzo
Re: Making a will
No. Publishing a will in ITaly costs money. A holographic will directs the succession according to the law of your residence, instead of the Italian law of the legittima. However, when you come to do the succession for your property held in Italy, a foreign will must be published in ITaly- which is a public act done by a notary and which costs money. Only then can you do the succession.
If you are happy to have your property dealt with under the legittima then there's no need for a will to be published as italian succession law takes precedence.
What it boils down to is this:
If you want to leave your property to your sister and not your husband or your children, you have to use a foreign will - as its against Italian succession law. The holographic will states that your 'home' will takes precedence. Once that is established the will must be translated and published in Italy, at which point the succession can be done which leaves the property to the sister.
If you are happy to have your property dealt with under the legittima then there's no need for a will to be published as italian succession law takes precedence.
What it boils down to is this:
If you want to leave your property to your sister and not your husband or your children, you have to use a foreign will - as its against Italian succession law. The holographic will states that your 'home' will takes precedence. Once that is established the will must be translated and published in Italy, at which point the succession can be done which leaves the property to the sister.
and I'm sure it will be read by many and help them understand a whole lot better!
