Found a Will in Rome: Holographic Will, Forced Share, Challenges

What kind of will it is

A holographic will (testamento olografo) is written entirely by hand by the person, with a date and signature. A will written on a computer is not holographic. A public will is received by a notary in the presence of witnesses. A secret will is delivered sealed to the notary. In the home of a person who has died, handwritten papers are often found: not all of them are valid.

What to do when you find it

Do not tear, correct or hide the paper. Take photos of the will and of the place where you found it. Take it to a notary, who publishes it with a formal record. Anyone who keeps a will hidden may face serious consequences, even the loss of rights: for this reason, do not wait. You are free to choose the notary yourself.

If others exist

To find out whether other wills exist, you can ask notaries and consult the information of the National Council of Notaries (notariato.it). As a rule, the most recent will prevails over the earlier one in the parts that are incompatible: ask the notary or an attorney.

The forced share

The law reserves to certain close family members, such as the spouse and children, a share of the estate, called the forced share (legittima). A will cannot remove it entirely. If the heirs live in different countries, the law applicable to the succession depends on various factors, including the deceased’s place of habitual residence: ask an attorney before deciding. The firm does not handle the inheritance law of other countries.

Challenging the will

Anyone who believes their share has been infringed can go to court to have it respected. Anyone who doubts that the document was written by the deceased can challenge its authenticity. Other grounds of invalidity are the person’s lack of capacity or defective consent. The deadlines for acting are strict and depend on the action: do not wait, and ask an attorney. For many inheritance disputes, an attempt at mediation may be required first.

Foreign heirs

An heir who lives abroad can accept or renounce the inheritance, even from a distance through a power of attorney. The form of a power of attorney signed abroad depends on the country: ask the Italian Consulate or see esteri.it. If there are debts, consider with an attorney or a notary how to accept. Do not accept or renounce before understanding the debts. For taxes, turn to the Revenue Agency (agenziaentrate.gov.it).

Typical case

A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.

After the death of an uncle who lived in the Parioli district, a foreign nephew finds in a drawer a handwritten sheet leaving the house to a neighbor. The other relatives, in anger, would like to tear it up. The first step is to touch nothing else, keep the sheet and turn to a notary.

Frequently asked questions

Can I open a sealed will myself?

No. A secret will is opened by the notary.

Is a will in a foreign language valid in Italy?

It may have effect, but an official translation is usually needed. Ask the notary or an attorney.

Learn more: Legal guides from Studio Legale Fiorentino.

Original in Italian: https://www.studiolegalefiorentino.net/roma-testamento-olografo-pubblicazione-legittima/

Author: attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for advice on your case. For up-to-date details, consult the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.