{"id":2490,"date":"2024-10-02T15:21:48","date_gmt":"2024-10-02T13:21:48","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2490"},"modified":"2026-07-08T18:25:07","modified_gmt":"2026-07-08T16:25:07","slug":"testamentary-succession","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/succession\/testamentary-succession\/","title":{"rendered":"Testamentary succession"},"content":{"rendered":"

Testamentary succession in Italy<\/h1>\n
Testamentary succession allows determining the destination of one’s patrimony. For foreigners residing in Italy, it is fundamental to draft a will compliant with Italian laws to ensure its validity. Legal support experienced in private international law, with specific regard to successions, is essential, if one wishes to avoid the risk of future disputes between heirs.<\/div>\n
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Testamentary succession represents a crucial moment in the management of family patrimony, regulating the transition of assets from the deceased to the heirs. Whether you are an Italian citizen, an Italian abroad or a foreigner residing in Italy, the drafting and management of a will require attention to Italian laws and, often, to international ones.<\/p>\n<\/p>\n

In Italy, inheritance law is regulated by the articles of the Codice civile<\/strong>, which regulate all aspects relating to legitimate, testamentary and necessary succession.<\/p>\n<\/p>\n

Even when the deceased decides to draft the will containing their last wishes, this must respect the rules of succession, under penalty of the possibility of contestation by the excluded or penalised heirs.<\/p>\n<\/p>\n

Our law firm is composed of lawyers highly specialised in Italian and international inheritance law, and offers personalised services also in the area of testamentary succession for foreigners in Italy, to address every legal aspect with serenity and security.<\/p>\n

If you are looking for a law firm for successions or a lawyer to draft or assert a will, we are at your side in every phase.<\/p>\n<\/div>\n

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When to contact a lawyer for testamentary successions<\/h2>\n<\/div>\n
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Many people think that testamentary succession is activated only after the death of the testator, but the truth is that a lawyer for successions can be of great help also much earlier, during patrimonial planning.<\/p>\n<\/p>\n

For example, imagine a family in which the head of the family owns real estate both in Italy and abroad. Drafting a will that is valid in multiple jurisdictions and that respects the rights of the forced heirs requires in-depth knowledge of national and international rules. Without adequate support, the risk is to create misunderstandings or to let the laws of one state decide, often to the detriment of the wishes of the deceased.<\/p>\n<\/p>\n

Another frequent situation concerns the presence of a mortgage on inherited real estate. According to Italian law, the one who accepts the inheritance also takes over the debts of the deceased, including any mortgages. However, the heirs can opt for acceptance with benefit of inventory, a procedure provided for by articles 484 and following of the Codice civile<\/strong>, which allows separating the patrimony of the deceased from the personal one of the heirs. An experienced lawyer is indispensable to assess the opportunity of this choice and to assist the heirs in the practical management of debts.<\/p>\n<\/p>\n

Contacting a lawyer for successions is fundamental also in the following cases:<\/p>\n