{"id":2975,"date":"2026-07-28T09:52:16","date_gmt":"2026-07-28T07:52:16","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?p=2975"},"modified":"2026-07-17T09:56:31","modified_gmt":"2026-07-17T07:56:31","slug":"one-will-or-two-how-to-plan-your-succession-when-you-own-assets-in-several-countries","status":"publish","type":"post","link":"https:\/\/www.familylawboschetti.com\/en\/blog\/one-will-or-two-how-to-plan-your-succession-when-you-own-assets-in-several-countries\/","title":{"rendered":"One will or two? How to plan your succession when you own assets in several countries"},"content":{"rendered":"\n

You may own a holiday home in another country, or a bank account opened while you were living abroad, and wonder whether the will<\/a> you made in Italy is sufficient to deal with everything. It is a reasonable question, and the answer is not always the same. Here, in simple terms, is when one will is enough, when it is preferable to have two, and how to plan without leaving anything to chance.<\/p>\n\n\n\n

<\/a>One will or two: the dilemma for those who own assets in several countries<\/h2>\n\n\n\n

Over the course of their lives, many Italians acquire assets abroad: a second home purchased in another country, a bank account left open after a period of work overseas, or investments held in a foreign jurisdiction. When the time comes to organise their wishes, a recurring question arises: should there be one will or two when assets are also located abroad? Is a single Italian will sufficient, or is it advisable to have one in each country where assets are owned?<\/p>\n\n\n\n

The question is not a simple one, because it involves different legal systems, each with its own rules on how assets may be disposed of and who is entitled to a reserved share. Those who choose a single will may fear omitting something or making administration abroad more difficult. Those who choose several wills, one for each country, face the opposite risk: documents that overlap, contradict one another or, worse, revoke each other without anyone realising until it is too late.<\/p>\n\n\n\n

There is no single answer that works for everyone, because much depends on where the assets are located, which countries are involved and which law will govern the succession. There are, however, clear criteria that make it possible to decide with full awareness, and it is precisely this informed choice that distinguishes planning which protects the family from planning which leaves the heirs with a legal puzzle.<\/p>\n\n\n\n

Before deciding whether one or two wills are needed, it is useful to understand what has changed in recent years for successions that cross national borders. Every sensible decision follows from that starting point.<\/p>\n\n\n\n

<\/a>Why an Italian will may not be sufficient<\/h2>\n\n\n\n

The first instinct is to assume that a will made in Italy and valid here will automatically be valid everywhere. This is partly true, but only partly, and overlooking that limitation is the source of many complications. Where a succession includes assets in several countries, the will must interact with legal systems that do not always use the same legal concepts as the Italian system.<\/p>\n\n\n\n

Within the European Union, as we will explain shortly, there is a common framework that greatly facilitates recognition of an Italian will in other countries. The position changes where assets are located in a country outside that framework, such as the United States, the United Kingdom or another country that does not apply the European rules on succession. In those jurisdictions, local rules apply and may require specific procedures in order to give effect to the deceased\u2019s wishes.<\/p>\n\n\n\n

The most delicate issue concerns common law countries, where administration of an estate often takes place through probate proceedings and through figures such as an executor appointed to manage the assets. In these systems, an Italian will does not always fit easily into the local process, and its implementation may be slow and expensive if it is not accompanied by a document specifically designed for that legal context.<\/p>\n\n\n\n

There is also a practical aspect that should not be overlooked. Even where it is legally valid, a will drafted in a foreign language and according to unfamiliar formal requirements may need to be translated, legalised and interpreted by professionals who do not know Italian law. This does not make the Italian will ineffective, but it explains why, in certain circumstances, it may not be sufficient on its own to ensure a smooth succession abroad.<\/p>\n\n\n\n

<\/a>Regulation EU No. 650\/2012: what changes for international succession<\/h2>\n\n\n\n

To understand when a single will is sufficient, it is necessary to consider the rule that reorganised this area. Regulation EU No. 650\/2012 applies to successions opened from 17 August 2015 and introduced two principles that greatly simplify matters for those who own assets in several European countries.<\/p>\n\n\n\n

The first is the unity of the succession: a single law governs the entire estate, wherever the assets are located, without dividing the succession country by country. For an Italian citizen who lives permanently in Italy, this means that Italian law will govern the whole estate, including a house or bank account situated in another European Union Member State.<\/p>\n\n\n\n

The second principle concerns the formal validity of the will. The regulation adopts a broadly favourable approach: a written testamentary disposition is formally valid if it complies with the law of any one of several countries connected with the person, such as the country where the will was made, the country of nationality, domicile or habitual residence, or, in relation to real estate, the country where the property is located. In practical terms, a will properly executed in Italy is unlikely to be challenged on formal grounds and will also be recognised as formally valid in the other countries bound by the regulation, without needing to be remade in accordance with local forms.<\/p>\n\n\n\n

The result is that where all the assets are located in European countries applying these rules, a single carefully drafted Italian will containing the appropriate provisions is often more than sufficient to dispose of the entire estate. Outside that framework, as we have seen, caution may suggest a different solution.<\/p>\n\n\n\n

<\/a>Professio iuris: how to choose the law governing your succession<\/h2>\n\n\n\n

One of the most useful instruments provided by the regulation is the possibility of choosing the law that will govern the succession. This is known as professio iuris and is particularly valuable for those with connections to several countries. The rule is simple: a person may designate the law of the country whose nationality they hold, either at the time of making the choice or at the time of death, as the law applicable to the entire succession.<\/p>\n\n\n\n

For an Italian citizen, the advantage is clear. Someone may live in Italy today but move abroad in the future. Without an express choice, their estate would be governed by the law of the country in which they have their habitual residence at the time of death, with rules that may differ significantly from Italian law as to who inherits and in what shares. By expressly choosing Italian law through a professio iuris clause, the person protects the succession from unexpected results and ensures, for example, the protection that Italian law reserves to children and the spouse.<\/p>\n\n\n\n

The choice is not presumed. It must be made expressly, and the natural place for doing so is the will itself. A clear clause is sufficient, but it must be drafted carefully because ambiguous wording may fail to produce the intended effect.<\/p>\n\n\n\n

This is where the assistance of the Law Firm has a practical impact. We draft and calibrate the choice of law clause within the will, verifying that it is valid and consistent with the wider succession plan, so that the chosen law will genuinely govern the estate. Once made and recorded in writing, the choice follows the testator wherever they may move over the years, replacing uncertainty with lasting legal clarity.<\/p>\n\n\n\n

<\/a>When it is advisable to have two separate wills<\/h2>\n\n\n\n

Although one will is sufficient in many cases, there are circumstances in which two coordinated wills are the better solution. The typical case is where a person owns assets in a country that does not apply the European succession rules, or in a common law jurisdiction where the estate must pass through a local procedure. In such situations, a will drafted in accordance with local formalities and prepared by a professional familiar with that system can make administration faster and less expensive, avoiding the heirs becoming entangled in foreign procedural requirements.<\/p>\n\n\n\n

The idea is straightforward: one will for the assets in Italy and another for the assets situated in the other country, each designed to operate effectively within its own legal context. The practical advantages include smoother administration and shorter times for transferring assets to the heirs.<\/p>\n\n\n\n

There is, however, a major risk hidden within this solution, and it must be stated clearly. Wills often contain a clause revoking all previous testamentary dispositions. If the second will includes such a clause without proper limitations, it may revoke the first, leaving only one valid will instead of the two that were intended. This is an unfortunately common error, discovered only after death when it is no longer possible to correct it.<\/p>\n\n\n\n

For this reason, two wills should never be drafted independently. Each must expressly limit its scope to the assets located in a particular country and refer to the existence of the other will, so that both documents can operate together without revoking one another. Having two wills can be useful, but only where they are designed together as two parts of a single plan.<\/p>\n\n\n\n

<\/a>How to coordinate succession planning between two legal systems<\/h2>\n\n\n\n

Whether the choice is one will or two, the decisive factor is coordination. Effective international succession<\/a> planning is not a collection of documents drafted separately, but a unified plan that brings two legal systems together and allows them to work in harmony.<\/p>\n\n\n\n

The first step is to establish the legal framework: determine which law will govern the succession, decide whether and how to make a professio iuris choice, and verify that the reserved shares of protected heirs are respected under the chosen legal system. The next step is to map the estate country by country, in order to determine which asset should be covered by which will and in what form. Only then should the documents be drafted, using clauses that fit together rather than overlap.<\/p>\n\n\n\n

Taxation must also be considered. An estate spread across several countries may be subject to inheritance tax in each of them, and careful planning takes this into account from the outset in order to avoid duplication and unexpected liabilities when the assets pass to the heirs.<\/p>\n\n\n\n

This work requires knowledge of both legal environments. The Law Firm approaches it by working with trusted notaries and lawyers in the countries involved, who validate each will according to the rules of their own jurisdiction and verify that the documents remain compatible with one another. This prevents the formal requirements of one system from undermining provisions intended to operate in another. If you own assets in Italy and abroad and wish to organise your wishes, the Family Law Boschetti team assists you in creating a tailored plan so that your estate reaches the people you care about without unnecessary obstacles, wherever the assets are located.<\/p>\n","protected":false},"excerpt":{"rendered":"

You may own a holiday home in another country, or a bank account opened while you were living abroad, and wonder whether the will you made in Italy is sufficient to deal with everything. It is a reasonable question, and the answer is not always the same. Here, in simple terms, is when one will […]<\/p>\n","protected":false},"author":11,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[20],"tags":[],"class_list":["post-2975","post","type-post","status-publish","format-standard","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2975","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/comments?post=2975"}],"version-history":[{"count":1,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2975\/revisions"}],"predecessor-version":[{"id":2976,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2975\/revisions\/2976"}],"wp:attachment":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/media?parent=2975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/categories?post=2975"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/tags?post=2975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}