In 30 seconds
If you own a home or a bank account in Italy and made a will abroad, check three things: which law governs the estate, whether the document is valid for Italy, and how any trust is treated. Tools that are common in other countries, such as a will made by two people together or an agreement about a future inheritance, can cause problems in Italy. Check now, not after a death.
Starting point: which law applies
For estates with an international element, the European Succession Regulation is the reference. As a general rule, the law of the deceased person’s last habitual residence applies. A person may choose in writing the law of his or her own nationality.
The joint will
In Italy, a will made by two persons in the same document is prohibited. In other countries it is common between spouses. Being valid elsewhere does not by itself settle the question for assets in Italy: the outcome depends on the applicable law and the rules on form.
The succession pact
An agreement disposing of a future inheritance, or waiving rights in an estate not yet open, is generally forbidden by Italian law. The European Regulation has specific rules on succession agreements. Each case must therefore be assessed on its own facts.
A foreign trust holding Italian assets
A trust set up abroad may also cover real estate or accounts in Italy. Whether it is recognised depends on private international law rules. Registration of the property, the rights of forced heirs and Italian tax treatment still need to be examined.
Close family members’ rights
Even where foreign law applies, questions may arise about the rights reserved to close family members, called “legittimari” in Italy. A notary may be needed for some acts: notary Marco Fiorentino works in an autonomous and separate office, and choosing a notary is entirely the client’s free choice.
Typical case
A situation that comes up often.
A married couple living abroad owns an apartment in Italy. They made a single will in their country of residence, leaving everything to the survivor. One spouse dies. Children from a previous marriage challenge the document. The questions are the applicable law, the will’s validity for Italy and the procedure to transfer the property.
Frequently asked questions
Is a joint will made abroad valid in Italy?
There is no single answer: it depends on the applicable law and on form.
Can I choose the law governing my estate?
In some cases yes, by an express declaration.
Does a trust protect my Italian home from family claims?
Not automatically: recognition, forced-heir rights and tax must be checked.
What to bring to the consultation
Wills and documents already made, including foreign ones; property title and land-registry extract; a list of accounts and assets in Italy; family details; the spouses’ residence; the trust deed, if any. The firm does not advise on the law or taxes of other countries.
Read more on this site (in Italian)
Studio Legale Fiorentino, Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome, Bari; consultations also remote. The first meeting is held in Italian only, with no interpreter, and can take place by video call.
Book a consultationMessage on WhatsAppCall 347 5264190
Note: content prepared with the help of artificial intelligence tools; it is not legal advice.