Italian Wills law

(John Randel) #1

I am preparing a Will in relation to UK assets only, for a client who is an Italian national and is domiciled in Italy, and is unable to travel to England to sign the Will. Under s1 of the Wills Act 1963, as I understand it, the Will therefore needs to be executed in accordance with Italian Law, and the Probate Registry will require an affidavit of law for the will to be proved.

Can anyone advise as to the formal requirements for a Will to be validly executed in Italy?

John Randel
Lee Bolton Monier-Williams

(Charlotte Oliver) #2

In Italy the will must be valid under one of the forms specified in the 2012 Succession Regulation Art. 27 or the 1961 Hague Convention on the Validity of Testamentary Dispositions. This client could make a will valid in Italy ie a holographic or public will, or alternatively according to English law, even if this was executed physically in Italy (which would be valid only in relation to assets situated in the UK).

Charlotte Oliver
Oliver & Partners, Rome