How to find a will
When a relative or a known person passes away, it can happen that one does not have information regarding the possible existence of a will or of their last wishes, therefore one legitimately wonders how to find a will for foreigners in Italy. This situation is fairly common, especially when families move apart for work reasons and do not maintain regular contacts. For this reason, it is normal to wonder how to discover whether a will exists, especially when one is convinced that one exists. Although this certainty may seem difficult to explain, it is fairly common that a person drafts a document with their last wishes, so it is natural to think that such a document exists. The real problem is to understand where it is kept.
The search for a will can be made only after the death of the person who drafted it.
This is because the will is a strictly personal act, always revocable and that has effects only after the death of its author. This means that whoever writes a will (the testator) is not obliged to inform anyone of its existence, not even the closest family members. Furthermore, the testator might decide to turn to a professional and entrust them with custody of the document until the moment of their death. In this case, the law imposes on those who keep the will (such as a notary, a lawyer or another professional) an obligation of confidentiality. Therefore, the search for a will can legitimately be carried out only after the death of the testator.
The search for the will
To find a public will, or a secret or holographic will deposited fiduciarily with a notary, Boschetti Studio Legale will contact the depositary notary directly for you (if their name is known) or, in case the notary has ceased their activity, will turn to the Archivio Notarile where their deeds have been transferred.
In case the testator has not left indications on the name of the depositary notary of the will, how can one know if a person has made a will? It is possible to search for the notary through the territorially competent Consigli Notarili in the areas where the testator might have consulted a notary.
Another method to trace the will consists of consulting the “Registro Generale dei Testamenti”.
This register allows verifying whether a deceased person has drafted a will in Italy or in one of the Countries that adhere to the Convenzione internazionale di Basilea, including France, Cyprus, Turkey, Belgium, the Netherlands, Portugal, Luxembourg, Spain, Estonia, Lithuania and Ukraine. The Register can be consulted at the Archivi Notarili Distrettuali, presenting the death certificate of the deceased, and allows knowing whether the person has left a will and where it is located.
It is important to remember that the Registro Generale dei Testamenti provides information only on public, secret and holographic wills formally deposited with a notary (that is to say in the rare cases in which the testator has requested the notary to draft a “deed of deposit” for the holographic will).
The Register, instead, does not give information on holographic wills kept fiduciarily by a notary or by another person, nor on those that the testator has kept privately among their own documents.
Thanks to the experience of our Studio Legale for inheritance rights, we can also tell you that, due to the times necessary for the transmission and acquisition of data, the most recent deeds, such as the records of publication of holographic wills not formally deposited with public officials, might not be immediately visible in certificates requested shortly after the death of the testator.
Therefore, to avoid having to request further certificates, Boschetti Studio Legale advises its assisted clients to wait at least three months from the death before making the request.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
Legal advice on how to find a will for a foreigner in Italy
Legal advice on how to find a will for foreigners in Italy requires a coordinated approach between Italian rules and private international law. The first step is to determine whether the will was drafted in Italy or by a person residing abroad.
If the will was drafted in Italy, it might be necessary to turn to a notary or consult the Archivio Notarile Distrettuale, where public and secret wills are deposited.
It is also useful to consult the Anagrafe Tributaria, which might contain information relating to the death and the succession.
If the will was drafted abroad, or concerns foreign subjects residing in Italy, it is fundamental to consult a lawyer to verify whether there are international treaties or conventions between Italy and the country of origin of the deceased for the recognition of the will.
In the absence of a will, the succession will be regulated by the applicable law, which might be Italian or that of the country of citizenship of the deceased, according to the criteria established by the Regolamento Europeo sulle Successioni (EU Reg. n. 650/2012).
Boschetti Studio Legale guides you through all phases of the search for the will, both in Italy and abroad, coordinating the verifications at the notarial archives, the competent authorities and, if necessary, starting the procedures for the international recognition of the will, thus ensuring effective management compliant with the law of the succession.
Specialised legal advice with the lawyers of our team is crucial to consciously address the complex questions of private international law and ensure that the wishes of the deceased are respected.
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How to trace a will?
To trace a will, you can make a request to the Registro Generale dei Testamenti, which preserves information on holographic and notarial wills. You can also turn to the notary who drafted the will or with whom it was deposited. If you do not know the notary, you can ask information from the heirs or consult the notarial register.
How much does the search for a will cost?
The cost for a search at the Registro Generale dei Testamenti is generally contained within a hundred euros, but there may be further expenses if an extract or an authentic copy of the will is requested. Costs may vary slightly based on the complexity of the search and on the professional rates of the notary.
Where can the publication of a will be seen?
The publication of a will takes place at the notary who holds it. After the death of the testator, the notary convenes the heirs and proceeds to the reading and publication. Subsequently, anyone who has a legitimate interest, such as the heirs, can obtain a copy at the notarial office or at the competent court.
