{"id":2364,"date":"2024-10-02T15:32:14","date_gmt":"2024-10-02T13:32:14","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2364"},"modified":"2026-07-06T14:45:14","modified_gmt":"2026-07-06T12:45:14","slug":"international-will","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/will\/international-will\/","title":{"rendered":"International will"},"content":{"rendered":"

International will in Italy<\/h1>\n
The international will is a useful instrument to ensure the validity of one’s wishes in different Countries. For foreigners in Italy, it offers the possibility of harmonising succession between different legal systems. Careful drafting, with the support of a law firm for international successions, ensures its effectiveness.<\/div>\n
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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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

This instrument facilitates the management of successions for foreign citizens residing in Italy and for any person residing abroad outside the national territory.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/div>\n

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Recourse to the international will<\/h2>\n<\/div>\n
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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<\/strong>, such as the public, holographic and secret will.<\/p>\n<\/p>\n

Its validity is recognised at international level, thanks to the Washington Convention of 26 October 1973, ratified by Italy with legge n. 387\/1990<\/strong>.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/div>\n

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Who can make an international will<\/h2>\n<\/div>\n
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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.<\/p>\n<\/p>\n

The following can avail themselves of the international will:<\/p>\n