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Author Topic: Italian Will  (Read 698 times)

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Offline Maz

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Italian Will
« on: March 16, 2017, 04:18:49 PM »
Has anyone ever arranged an Italian will and if so did you use a notaio, commercialista, avvocato or another official?

Any help would be greatly appreciated.


Offline Shebar

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Re: Italian Will
« Reply #1 on: March 16, 2017, 04:44:08 PM »
Yes.  I made a will at the office of an avvocato in Lanciano.  It is more or less an exact copy of the one held by my solicitor in the UK.  It has to be hand-written in both English and Italian. 

Since I am alone here, I also wrote another legal document which nominates a young bi-lingual friend to act in my interests should I become incapable of looking after myself.

Offline levissima

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Re: Italian Will
« Reply #2 on: March 16, 2017, 05:07:19 PM »
Both my husband and I had wills which covered property in the Uk but not property in Italy. We hand wrote wills to deal with Italian property and his was accepted when he died. I did have to use a notaio to make a certified translation and to publish the will (cost in the region of €2k) before transferring the property.

I think, even if you've paid to have a will drawn up, you still must pay to publish it. It strikes me that unless the will is complicated you might as well just hand write it, at no cost, as you're still going to have to pay for it to be published.

There has been a lot of talk about Italian property being dealt with under UK inheritance laws and I'm sure it's possible, if you can persuade the jobsworth doing the Italian probate. They tend to do only what they know here and that's Italian inheritance law.


thediggers

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Re: Italian Will
« Reply #3 on: March 16, 2017, 07:06:25 PM »
EU law on succession changed August 2015 for those EU countries that signed up to it (Italy did, the UK did not) – link here. If you search “EU succession changes” you will likely get a lot more commercial “advice” on what is the best thing to do - most costing a reasonable amount. Other people from what I’ve read on other forums seem to be of the opinion a UK will with a relevant clause saying you want UK law to apply (if you do) and a hologrpahic (hand written) will in Italian saying the same and/or additionally your wishes in full, will suffice.  Ultimately only you can decide on what is at times complex, confusing and conflicting advice. What is relevant to you and your particular circumstances and what you feel comfortable with is what matters. Personally I think we should all have a will and we should endeavour to make things as simple as possible for those we want to benefit from it.

Offline Relaxed

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Re: Italian Will
« Reply #4 on: March 17, 2017, 02:09:20 AM »
What Levissima has recounted accords with my experience.

In Italy, Wills are necessarily dealt with by notaios, (there is no concept of a 'executor'), and in my experience making your Will a 'public document',(which means making it before a notaio) is not only the most secure way of ensuring your Will is respected unconditionally, but it is probably the most economical.

A holographic Will is entirely acceptable in law, but it still needs to be 'published' by a notaio. If you have already lodged your Will with a notaio (paying them something like €600 for the privilege) they'll knock this off their 'publishing fee' (more or less).

So, if you have a notaio who you trust to be honest and straightforward, just use the notaio.


But, a further consideration; if your English Will starts off with the conventional phrase 'this will and testament revokes all previous...' then watch out: that can be considered to supersede any Italian Will you wrote at an earlier date. So, if you 'update' your English Will, you might well negate your Italian Will.
« Last Edit: March 17, 2017, 02:16:20 AM by Relaxed »

Offline Mammamia

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Re: Italian Will
« Reply #5 on: March 17, 2017, 03:47:07 PM »
We've handwritten ours in Italian and in English (just to be clear) because circumstances change, this way we can amend them to our hearts content. I know we'll have to pay at some point to publish them, but at least we'll have saved on writing two or three versions during our lifetime.

We did go an see an English speaking solicitor who gave us a standard template, that may be ok for some people but it wasn't for us. When we asked her about our situation she said she'd have to look into it and would get back to us, probably in a few months as August was coming up and she was spending time at the beach. At least she was honest, although she never did get back.  :D