That said, I have also smoothly executed non-Italian wills that did not include such a statement.
I have my clients adding it as a security element, to avoid risk of confusion, future misinterpretation, etc. Now, let me clarify that adding such a statement to the home country will is not absolutely necessary. In this way, they do not need an Italian will to address their Italian assets. To help my clients avoid facing a legal tennis match between their home country and Italy, I typically recommend that we simply modify their home country will by adding a clause which expressly statesthat they are electing for their own country’s inheritance legislation to apply to their Italian property. The charts depict the main transitions of an estate according to each country’s laws of inheritance and distribution. Therefore, an Italian will could possibly end up confusing the issue and impede the deceased’s wishes from being carried out.įor a visual comparison of the Italian and UK inheritance systems, please look at our Italian intestacy chart and UK intestacy chart. In Italy, it is not possible to leave your estate to Fluffy or the mailman, unless you no longer have a spouse, child or parent. The Italian laws are not as liberal as many other countries and there are specific percentage allocations that go to specific family members. The choice of drafting an Italian will and within it using the Italian language, the Italian legal style, and an Italian legal advisor (involvement of an Italian notary is recommended) might lead to the interpretation that it was an implicit choice by the deceased to choose Italian inheritance law over the home country inheritance law.Īn Italian will means that the Italian inheritance laws of distribution apply to the Italian property.
A situation such as this might be interpreted in several ways. This back and forth can continue and thus delay the inheritance proceedings.Īt this point, one might think that a home country will can address the home country assets and an Italian will can address exclusively the Italian assets. However, UK law pushes back to Italy and says that Italian inheritance law applies. What does this mean? If a UK citizen dies while owning Italian property, Italian law says that the UK inheritance law would apply. However, an important aspect to note is that in common law countries such as the UK, the home country international law would typically defer to Italian inheritance law to regulate the inheritance and the distribution of the Italian property. This is under typical conditions of course. Therefore, an American will would cover the Italian asset thus making an Italian will unnecessary. This means that if, for example, an American owns property in Italy, when she dies, American inheritance law applies to the property. And here’s why:Īn Italian will isn’t needed because the inheritance of Italian properties is, by default, regulated by the national inheritance law of the deceased party. This isn’t to say that a non-Italian can’t have an Italian will he absolutely can. A will is recommended, but it doesn’t have to be Italian. Many think that it is necessary to have an Italian will to address their Italian property inheritance, but, the truth is, an Italian will isn’t necessary. I often surprise them with the quick and simple answer: No. One question I always hear from non-Italian property clients is: Do I need an Italian will? Sponsored article by Italian property lawyer Nick Metta, partner at Italian law firm Studio Legale Metta. This article discusses: Italian Inheritance Law and Wills, Italian Property, Succession Law, International Probate Regulations.