Question: I recently purchased an Italian property. I already have a UK will in place. Should I amend it to cover the Italian property? Or should I have an Italian will as well?
Answer: Unless there are specific legal needs to be addressed, it is typically necessary to modify the home country will in accordance with your home country law and in compliance with the European Union regulations regarding international inheritance. In this manner, your Italian property will be included in your inheritance distribution as per the applicable domestic law under your UK Will.
This also applies to US, Canadian, Australian and Irish wills involving Italian assets
If you do not amend your UK will, it is very likely that the inheritance of the Italian property would be subject to Italian inheritance law and restrictions such as forced heirship.
According to forced heirship, certain family members such as parents, spouse, children and grandchildren, are entitled to claim a portion of the estate. For example, this would occur even if in the UK will you had left your entire estate to only one family member, an unrelated person, charity, etc.
Legal Review of Foreign Will for Italian Assets
Our unique service includes:
- Review the English will from the perspective of the Italian jurisdiction (via email).
- Telephone or video consultation with an experienced English speaking Italian lawyer to understand your personal and estate circumstances, your goals and expectations (phone, Skype, Zoom, WhatsApp, etc.).
- Draft amendments to will to render it fully enforceable in Italy.
- Provide a personalized report explaining how inheritors should use the foreign will in Italy.
The entire legal will review process above can be completed remotely.
The above activities take into consideration the European Regulation 650/2012, fully applicable since 17 August 2015, as well as any impact of Brexit.
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