The International Will in Italy

If you have properties and assets in different countries, you may be interested in knowing more about the international will.
The international will was created in the Washington Convention on 26 October 1973 and was ratified by several countries, including Italy; as a result, a will drawn up according to the specific rules set by that Convention is recognized as valid in all signatory countries, beyond national borders and without the need for further formalities or validation procedures. This allows the testator to regulate the succession of his assets located in different countries with greater flexibility. Instead an Italian, or national, will follows the specific laws and formalities of the country in which it is drawn up.

The international will can be particularly useful in the following situations:

– Assets distributed in different countries
When the testator owns real estate, bank accounts or other assets distributed in different countries, the international will allows to dispose of all the assets in a single document, avoiding problems related to the recognition of the will in different countries.

– Multiple Citizenships
For people with multiple citizenships or who have lived in many countries during their life, an international will can be an effective way to ensure that their will is respected across borders.

– International Family
For families with members of different nationalities or who reside in different countries, an international will can facilitate inheritance and reduce potential conflicts of law.

– International Mobility
For individuals who plan to move or reside in multiple countries during their lifetime, an international will offers a flexible and globally recognized solution.

In Italy, an international will can be made by:

Italian citizens residing in Italy;
Italian citizens residing abroad;
Foreigners residing in Italy;
Foreigners residing abroad.

The international will is made up of two parts, namely the will itself and the so-called “certificate”. The certificate is drawn up by the appropriate professional, identified on the basis of the law of the country the will is made.
In Italy, and in every country adhering to the Washington Convention, such certificate must be drawn up solely according to the rules included in the Washington Convention of 1973.

To be valid, the international will must fulfil some requirements:
• The international will must be in writing: for this purpose, any writing method is suitable, whether handwritten or mechanical and the testator can write it or can be helped by anyone; the will can also be written in any language.
• The testator must bring their will to the appropriate public officer and, with two witnesses attending, must declare that that is their will and that they are aware of its content. It is not required that the public officer, nor the witnesses, read the will, hence the will, which can be made in any language, does not need to be translated.
• The will must be brought open to the public officer, so that it can be signed by the testator, the witnesses and the public officer; however, the testator is not required to disclose the content of the will to the public officer or to the witnesses. The signature of the public officer and of the witnesses is only meant to confirm that that is the will presented to them.

Failing to fulfil even just one of these requirements nullifies the validity of the international will.

If you have assets and properties in different countries, an international will can be a useful tool to ensure efficient and clear management of your succession at an international level. Please do get in touch for a consultation to verify if the international will is suitable and appropriate for your needs.

In collaboration with avv. Antonio Strangio, international wills and testaments specialist

This article is not exhaustive and is a guidance only.

If you need assistance with your will, please do get in touch.

Barbara De Benedittis Relocation and Legal in Italy