The holographic will in Italy

Question:  Is a handwritten will valid in Italy?

Answer: A handwritten will (testamento olografo) is legally valid in Italy. It can be used by any person (regardless of citizenship or residenccy) for the distribution of an estate including Italian assets. In some cases it might also address non-Italian assets.

There is no signature authentication or legal assistance requirement to formalize a valid handwritten will (some people also call it “holographic will”). Therefore preparing a handwritten will implies no cost per se.

However, there are a few aspects to consider carefully prior to opting for this type of will to protect your Italian assets and inheritance wishes. 

The first question you should ask yourself prior to writing your own will is how well you know the laws governing Italian inheritance. And the second is how well you understand cross-border inheritance rules, i.e., how your home country’s laws affect your assets in Italy and vice-versa. Typically the answer lands somewhere between “I have no idea” and “not very well”.

Writing your own will to be used in a foreign country without sound knowledge of the country’s inheritance system is risky. If you do not know how Italian inheritance rules will impact your inheritance, you cannot be sure that what you have written will actually occur. Furthermore, it is never advisable to put in place a legally valid document without fully understanding the consequences.

The attraction of the holographic will for most is to avoid the cost of drafting a will with professional assistance. So let’s take a look at just how “free” the self-written holographic will actually is.

Writing a holographic will may just imply the cost of paper and ink at the time of drafting, so in this sense it is free. The cost, however, comes at the time of use. When a holographic will is in place to address Italian assets, upon the testator’s death the heirs must validate the will through an Italian notary for publication and registration. This is a sort of probate process which results in an average total notary cost ranging between EUR 1,300 and 1,600 for a basic holographic will pertaining to a basic estate comprised, for example, of one property and limited funds in an Italian bank account.

Additionally, if the will is not written in Italian there are translation costs. Then, if the heirs do not speak Italian and need to hire a translator and/or a lawyer to liaise with the notary, the fees of those professionals shall be added. If there is also a foreign will to process for the same succession, then there are probate costs in the home country for the foreign will, in addition to the costs in Italy for  the holographic will.

Should you wish to use a holographic will in Italy, it is advisable to write it in Italian. This will reduce costs at a later stage as a translator will not be necessary. More importantly, a will written directly in Italian reduces the risk of a divergent interpretation when being translated at a later point when you are not present.

There is much advice floating around which says that a foreigner with assets in Italy should have two wills, i.e., one in the home country language for the non-Italian estate and one in Italian for the Italian assets. Other than the obvious implication of double costs, this is not as simple a solution as it seems. For this scenario to work properly there needs to be proper wording in both wills to have valid legal connection and continuity between the two, or to avoid conflicts. The wording of both must be done carefully to avoid any overlapping provisions or effects, any implicit references or meanings, which might generate conflicts between the two. Any conflict could lead to one or the other no longer being applicable, either in its entirety or a portion therein.

This brings us back to the point of putting something legally in place that does not carry out your wishes. For inheritance matters, many people elect to adopt thoughtful solutions rather than selecting what appears on the surface to be the cheapest option. When planning for the disbursement of an estate that one has worked hard to acquire, it seems inconsistent to choose a weak means to protect it and not put in place the most solid option. It is not only the financial costs of putting in place a will and estate plan that one should weigh, but also which option will actually ensure that one’s wishes are carried out.

A solution that we often recommend to our clients is to use a single will, drafted in their home country, which specifically addresses the Italian assets. For cross-border inheritance matters, having a properly written foreign will is typically sufficient to address the Italian estate, thus making redundant a holographic will for the Italian assets. A foreign will also means financial savings at the time of succession as there is no requirement to involve an Italian notary for its use in Italy. For an in-depth look at using solely a foreign will to address Italian assets, please click here for an article on the subject.

It is of course possible that in certain cases it might be advisable to have a separate Italian will (holographic, or public, or even secret) in addition to, or in lieu of, a foreign will. In certain cases we have advised clients to have two wills because of the applicable case circumstances and their particular estate assets or family situation. Each case is truly unique and it is advisable to look at each situation individually, applying the best legal options available to fulfill your personal goals.

Successions with cross-border elements are notoriously complex as laws vary greatly between countries. The European Union took steps to reduce the complexity of successions between EU member states in July of 2012 with the adoption of new rules which will make it easier to carry out international successions.

Our advice to clients who are addressing their estate planning needs is to set up the most appropriate inheritance plan under the regulations currently in effect. This plan can then be reviewed and redesigned when modifications have evolved in terms of the testator’s personal needs and possible legislation changes.

Related information

• Italian Succession Law Practice
• Non Italian Will valid in Italy
• Succession without a Will
• Succession process timing
• Inheriting and selling a property
• Cross Border Inheritance Law Seminar in Italy on 2 March 2013
• Do I Need an Italian Will?
• Will by a Notary or by a Lawyer?