International will in Italy
The Italian legal system provides for various forms of will, instruments essential to ensure the transmission of patrimony in conformity with the wishes of the deceased. Among these, a relevant form in international scope is the international will for foreigners in Italy, introduced with legge n. 387 of 29 November 1990.
With such regulation, Italy has adhered to the Convenzione di Washington of 1973, an international agreement that aims to create a uniform modality of will with validity recognised also beyond the borders of the adhering Countries.
This instrument facilitates the management of successions for foreign citizens residing in Italy and for any person residing abroad outside the national territory.
The Convenzione di Washington responds to a need increasingly widespread in a globalised world: reducing the interpretative problems linked to the law applicable to the will.
In international cases, in fact, the differences between legal systems can create uncertainties and difficulties, both for testators and for heirs, and lead to legal disputes or bureaucratic obstacles that could complicate the execution of the wishes of the deceased. The Convention therefore aims to ensure uniformity and legal certainty in testamentary provisions, facilitating persons who possess patrimonies in multiple Countries or who, for personal or professional reasons, live a transnational reality.
Recourse to the international will
From the point of view of legal effects, the international will is comparable to the other testamentary forms provided for by the Italian Codice civile, such as the public, holographic and secret will.
Its validity is recognised at international level, thanks to the Washington Convention of 26 October 1973, ratified by Italy with legge n. 387/1990.
This convention introduced a uniform form of will that aims to facilitate succession in international contexts, where assets and beneficiaries can be located in multiple States, reducing legal barriers and difficulties of recognition between different legal systems.
The international will is distinguished from the other testamentary forms provided for in Italy for its particular formal modalities of drafting, which require the presence of a notary and of two witnesses. This formal requirement has the purpose of conferring certainty and solemnity on the document, reducing the possibility of fraud or contestations.
During the drafting, the testator declares before the notary and the witnesses that the document is their will, without however being obliged to reveal its content.
This form of will is similar to the secret will, since, as in the latter, the content of the international will may remain unknown both to the witnesses and to the notary. The testator can therefore keep their provisions confidential, avoiding their being known by third parties during their life.
After the testator’s declaration, the notary draws up a certificate that attests to compliance with the formalities provided for by law, attaching it to the will itself.
Such certificate represents an essential element to ensure the validity of the international will, since it provides proof of the modalities with which it was drafted, strengthening its recognisability and applicability abroad.
Italian succession law regulates the content of the international will, ensuring that the wishes of the testator are respected and managed according to the ordinary provisions on succession matters. In other words, even if the will is drafted following an international form, the provisions of the testator must nevertheless respect the principles and limits of Italian inheritance law, such as respect for the shares of forced heirship reserved to necessary heirs. Furthermore, should the international will contain provisions that are not valid or applicable according to Italian law (for example, in the case of clauses that violate the rights of legitimate heirs), these provisions could be declared void, although the rest of the will remains valid.
It is fundamental that the international will respects all the formalities required, since the lack of one of the requirements provided for could entail its invalidity. For example, the absence of witnesses, the lack of presence of the notary or the lack of the certificate of conformity could lead to a declaration of nullity of the will, thus rendering ineffective the provisions of the testator. For this reason, the drafting of an international will requires particular attention and professional competence, ensuring that it produces legal effects not only in Italy but also at international level.
The international will, furthermore, represents a valuable instrument for those who possess assets in multiple Countries or for those who have family members residing abroad, since its validity and recognisability are ensured by the 1973 Washington Convention in the adhering Countries. This means that an international will drafted in Italy and compliant with the convention can be recognised and applied in another signatory State without the need for further formalities, facilitating the succession process and protecting the rights of heirs according to the wishes of the testator.
Who can make an international will
The 1973 Washington Convention is based on principles of inclusiveness, designed to allow the greatest number of persons to avail themselves of the international will. This instrument can be used by various subjects, without any distinction of nationality, who meet the requirements of capacity to draft a will.
The following can avail themselves of the international will:
- Italian citizens, both those who live in Italy and those who reside stably abroad. For Italian citizens residing in foreign Countries, it is provided that the will can be received by an Italian diplomatic or consular agent authorised in the Country of residence, thus avoiding the need to turn to a foreign notary and ensuring greater legal continuity with the Italian system.
- Foreigners residing in Italy, coming from Countries that have adhered to the Convenzione di Washington or that recognise the validity of a will drafted abroad. This also allows foreign citizens to benefit from Italian testamentary provisions, on condition that their legal system of origin does not contradict the principles of the Convention.
Italian law does not specify particular requirements of capacity to draft an international will, limiting itself to requiring that the testator understands the provisions they are formalising.
Consequently, even persons who present disabilities, such as deafness, blindness or incapacity to read and write, can draft an international will. This characteristic represents a relevant difference compared to the secret will, for which it is necessary that the testator possesses the capacity to read and write.
A lawyer for succession matters can help to manage all legal aspects linked to the inheritance, ensuring that the drafting of the will and the provision for every wish takes place in compliance with the regulation in force.
What are the differences between international will and Italian will?
The international will is distinguished from the Italian will mainly for the formal modalities of drafting and conservation. While a holographic or secret will in Italy can be written and kept without the need for witnesses, the international will requires the presence of a notary and witnesses for its validity.
Furthermore, the content of the international will can remain confidential to the testators alone, similar to the secret will.
As regards revocation, the international will follows the same general rules provided for Italian wills: it can be revoked expressly, implicitly (through the drafting of a new will) or physically (for example by destroying the document). The revocation must be registered with the Registro Generale dei Testamenti, thus ensuring that testamentary wishes are always updated.
Our Studio Legale offers support to foreigners residing in Italy for the management of international successions, ensuring that the rights of heirs are protected in compliance with Italian and international laws.
Requirements for the validity of an international will
A fundamental aspect for the validity of the international will is conservation.
This requirement ensures that the will is easily traceable and kept securely, especially in international succession contexts, where multiple legal systems may be involved.
In Italy, the Registro Generale dei Testamenti, managed by the Ministero della Giustizia, plays an essential role in the registration and traceability of wills. This register collects information both on wills drafted by persons residing in Italy and on those of Italian citizens residing abroad or of foreigners who hold assets in Italy.
Registration with the Registro Generale dei Testamenti offers a guarantee of traceability and security, fundamental for those who wish to ensure that their wishes are respected and easily identifiable after death.
Italian law requires that the notary who receives an international will provide for its registration in the Registro Generale to ensure traceability and accessibility of the document. This obligation also extends to cases in which the will is drafted by a foreign citizen residing in Italy or with property on the national territory.
Registration in the Registro Generale is particularly important when the will concerns assets located in multiple jurisdictions, since it facilitates legal cooperation between different Countries and protects the rights of heirs.
According to what is established by article 8 of legge n. 387/1990, the testator can indicate an alternative place for the conservation of the will.
This indication is then noted on the certificate that accompanies the document. Should the testator choose a location different from the notary for the custody of the will, this choice is officially registered, and the indicated place of conservation is recorded in the register, contributing to greater security and flexibility for those drafting a will with international value.
In the absence of a specific indication by the testator, the will is kept at the notary who took care of its drafting, thus ensuring future traceability of the document in legal or notarial offices. This default procedure provides additional security, especially in case of uncertainties or conflicts between heirs regarding the wishes of the deceased.
Our law firm for inheritance advice offers complete assistance to draft international wills, ensuring that they comply with the Italian and international regulations in force. Furthermore, we provide support in the resolution of disputes between heirs, helping our clients to manage all the legal matters relating to the succession and to protect their patrimonial rights.
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 for the international will for a foreigner in Italy
For an Italian citizen, or for a foreigner who wishes to draft an international will for foreigners in Italy, it is fundamental to turn to a law firm specialised in inheritance and international law.
International successions are in fact complex and vary considerably from one Country to another. Understanding how Italian regulation coordinates with that of the testator’s Country of origin is essential to ensure that testamentary provisions are respected in both legal systems.
Boschetti Studio Legale, with a team specialised in inheritance and international law, offers a personalised advice service to assist clients in every phase of the drafting of the will.
From the choice of testamentary provisions up to the completion of the necessary formalities and to the publication of the international will, the firm ensures continuous support and assistance.
Thanks to the competence of the team, Boschetti Studio Legale is able to provide tailored solutions even for the most complex situations, such as the management of patrimonies abroad or the protection of the rights of international heirs.
Your inheritance deserves to be guarded with care and precision. With Boschetti Studio Legale, every wish of yours takes shape in a solid and impeccable international will.
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How much does it cost to make a will with a lawyer?
The cost of drafting a will through a lawyer depends on the complexity of the deed and on the specific needs of the testator. Legal advice ensures a deed compliant with the regulation in force and suitable to prevent future inheritance disputes.
What is the international will?
The international will is an instrument regulated by the Convenzione di Washington, conceived to ensure validity and recognition of testamentary provisions in all signatory States, thus facilitating transnational succession.
How to make a will with a lawyer?
Drafting a will with the assistance of a lawyer implies clearly expressing one's last wishes, benefiting from advice that ensures adherence to legal requirements, preventing ambiguous interpretations or disputes.
