{"id":2352,"date":"2024-10-02T15:26:32","date_gmt":"2024-10-02T13:26:32","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2352"},"modified":"2026-07-06T14:19:20","modified_gmt":"2026-07-06T12:19:20","slug":"will","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/will\/","title":{"rendered":"Will"},"content":{"rendered":"

Will in Italy<\/h1>\n
Drafting a will in Italy ensures that one’s last wishes are compliant with Italian law. It is essential to know the requirements of validity and the modalities of execution. Precise and careful legal advice avoids, especially for foreigners who do not know Italian law, the risk of incurring formal and\/or substantial errors that may determine contestations among heirs, or even invalidate the will.<\/div>\n
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When discussing the management of patrimony for the future, the drafting of a will is a crucial step, especially for a foreigner residing in Italy or a person residing abroad with assets in Italian territory.<\/p>\n<\/p>\n

To ensure that your will is respected and that your heirs do not have to face problems or disputes, it can prove valuable to rely on a law firm for foreigners residing in Italy, like Boschetti Studio Legale, which can support you both with advisory activities and in court.<\/p>\n

With a team of lawyers experienced in inheritance law, we are able to ensure that every legal aspect is managed with maximum care and competence, both in national and international context.<\/p>\n<\/div>\n

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What are the types of will?<\/h2>\n<\/div>\n
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Let us start by saying what the will is. It is a deed by which a subject disposes, in whole or in part, of their patrimony for the time following their death.<\/p>\n<\/p>\n

It is a revocable deed because it constitutes a principle of succession matters the full protection of the will of the testator, which therefore can be revoked, or transfused into another will, until the day of death.<\/p>\n<\/p>\n

The law provides for three ordinary forms of will:<\/p>\n<\/p>\n

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  • The holographic will<\/u>: it is the simplest and most accessible, but also the one that can present the most risks. The holographic will must be entirely written, dated and signed by the testator, without the intervention of witnesses or of a notary. The signature must be affixed at the end of the provisions, or at most, at the margin, while the signature affixed in the body of the provisions invalidates only those subsequent (if those preceding possess full autonomy). The date must contain the indication of the day, month and year, and is indispensable to ascertain the capacity of the testator at the time of drafting and to assess the prevalence among multiple wills drafted by the same person at different times. The holographic will, although simple, exposes to potential contestations or invalidations if it is not drafted with attention, especially when it concerns a foreigner residing in Italy who might not know in depth the local laws.<\/li>\n<\/ul>\n
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    • The public will: drafted by a notary in the presence of two witnesses, it is the type of will that offers greater guarantee of validity and security. In substance, the testator declares to the notary their wishes which are reduced in written form by the notary themselves. The will must indicate place, date of receipt and the hour of signature, and must be signed by the testator, by the witnesses and by the notary, who must communicate it to the heirs and legatees (whose domicile or residence they know) as soon as the death of the testator is known to them. The public will is advised for those who have complex patrimonies or delicate inheritance situations, especially if one possesses assets in multiple Countries or if it concerns heirs residing abroad.<\/li>\n<\/ul>\n
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      • The secret will: it is a less used modality, but nevertheless provided for by law. In this case, the testator provides for the drafting of the will not necessarily by hand, but also by typewriter or in other ways or with the intervention of a third party, and delivers the document, sealed, to a notary, in person and in the presence of two witnesses according to the detailed formalities provided for in the Codice civile<\/strong>.<\/li>\n<\/ul>\n

        The content of the will remains secret until the death of the testator, when the notary will make it public.<\/p>\n<\/p>\n

        Each of these forms of will has its advantages and disadvantages.<\/p>\n

        Boschetti Studio Legale, thanks to the experience of its team of lawyers who deal with succession matters, can advise the type of will most suited to your needs, especially if you are a foreigner residing in Italy or a person residing abroad with interests in Italy.<\/p>\n<\/div>\n

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        The contestation of the will: how to do it<\/h2>\n<\/div>\n
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        Before analysing in detail the various hypotheses of contestation of the will, it is important to examine the general rules that govern this type of procedure. These rules apply both to holographic wills and to public ones.<\/p>\n<\/p>\n

        As is known, the will is a “mortis causa” deed, with which a person (the testator) establishes the destination of their patrimony, in whole or in part, after their death. Such deed produces effects only after the death of the testator, and therefore can be contested only after their death.<\/p>\n<\/p>\n

        To contest the will the lawyers of our Studio will turn to the competent Tribunale in collegial form, of the place where the succession was opened, drafting a writ of summons.<\/p>\n<\/p>\n

        Before proceeding with the contestation before the Tribunale, it is necessary to start a mediation procedure with a specific organisation, since the law provides for mandatory mediation in matters of succession. Boschetti Studio Legale will demonstrate that it has validly attempted mediation, in order to avoid the application being declared inadmissible and the judge closing the proceeding unfavourably for those who have promoted the contestation.<\/p>\n<\/p>\n

        If you are wondering when it is possible to contest the will, the will can be contested if it presents formal or substantial defects. The rules on substantial defects, that is to say those relating to content, are identical for holographic and public wills.<\/p>\n<\/p>\n

        Substantial defects can cause the nullity or annullability of the will.<\/p>\n<\/p>\n

        A void will does not produce effects, while an annullable will is valid until it is annulled, an important distinction for the protection of third parties who might have purchased assets from an heir appointed through a flawed will.<\/p>\n<\/p>\n

        The most serious cases are undoubtedly those that determine the nullity of the will. A will can be void in various cases, including:<\/span><\/p>\n