Drawing up a will is an important choice, which makes it possible to safeguard one’s assets, one’s wishes and one’s family members. Yet many people do not know that there are various types of will provided for by Italian law, each with specific characteristics, requirements and advantages.
Knowing the differences between wills is essential to decide which will to choose on the basis of one’s personal, family or patrimonial needs. This guide offers a clear and complete overview, useful also for those who live abroad but have interests in Italy, or wish to better understand how succession works in our legal system.
The main types of will provided for by Italian law
In the Italian legal system there are three main forms of will:
- holographic will
- public will
- secret will
All of them are valid tools to dispose of one’s assets and to regulate one’s inheritance, but each has different methods and levels of security. The choice depends on various factors: simplicity, confidentiality, risk of contestations, value of the estate and family situation.
The holographic will: simple but risky
It is the most widespread form, because it can be drawn up without particular formalities. It is a document handwritten by the testator, dated and signed. It does not require the presence of witnesses or the involvement of a notary.
Advantages:
- It is free of charge
- It can be written autonomously at any time
- It is confidential until it is opened after death
Disadvantages:
- It can be lost, destroyed or counterfeited
- It might contain formal errors that compromise its validity
- It is easier to contest in case of complex succession
The holographic will can be a good choice for simple estates, but it is in any event advisable to have it reviewed by a professional to ensure its correctness.
The public will: the safest solution
This type of will is drawn up by the notary in the presence of two witnesses, on the basis of the wishes expressed orally by the testator. The notary keeps it in their archives until the time of opening.
Advantages:
- Guarantee of formal validity
- Impossibility of loss or tampering
- Protection from contestations, thanks to the presence of witnesses and notary
Disadvantages:
- It has a cost (notarial fees)
- Less confidential, since it involves third parties
- Requires a formal appointment and a minimum of planning
The public will is ideal for those who own significant assets, real estate, company shareholdings or wish to avoid any risk of invalidity or succession conflict.
The secret will: confidentiality with formal guarantees
It is a less used form, but interesting for those who wish to combine confidentiality and legal protection. In this case, the testator delivers to the notary a sealed document, which can be written by their own hand or drawn up by third parties.
Advantages:
- Guarantees the confidentiality of the content
- It is deposited and kept in a secure manner by the notary
- It has legal value thanks to the recording of the delivery
Disadvantages:
- More complex from a formal point of view
- It does not totally exclude the risk of mistakes if drawn up without legal assistance
- It has notarial costs like the public will
The secret will can be useful to those who wish to keep their dispositions private until the opening of the succession, but who in any event want official protection.
How to choose the will most suited to one’s situation
There is no absolute best form. To decide which will to choose, it is necessary to assess one’s family situation, the complexity of the estate and the level of security desired.
- Those with a simple inheritance who want autonomy can opt for the holographic will
- Those who wish to avoid any formal problem can choose the public will
- Those who care about privacy but want legal protection can consider the secret will
In any event, even the simplest will deserves attention. Relying on a clear guide to the will and, if needed, on competent legal support, can make the difference between a wish that is respected and a future contestation. Understanding well the types of will and the differences between wills is the first step to plan a peaceful and aware succession.
For those who want to safeguard their assets and ensure their loved ones clarity and order, finding their way with the help of a professional can be a wise choice. Studio Legale Internazionale Boschetti accompanies with discretion and competence those who wish to take clear and solid decisions also in testamentary matters.
