You have a will made abroad: are you sure that it is valid in Italy?

Following our articles about wills and testaments, which generated quite a lot of interest, we thought we’d provide some additional information based on our experience.

Sometimes, people say: “No thanks, I don’t need to make a will in Italy; I already have one in my home country.”

Well, that’s great — but here’s the real question:
Is your foreign will actually valid in Italy?

Let me tell you about David, a kind gentleman from New York who owned a small house in Tuscany. He had a detailed will drafted in the U.S., leaving everything to his two daughters. When he passed, his daughters assumed things would be simple. But the Italian notary handling the succession refused to proceed. Why?
Because the will, although perfectly valid under New York law, didn’t meet the formal requirements under Italian or European private international law. The succession was delayed for months, and the family had to start a new legal process—one that was more complex, more expensive, and certainly more stressful.

In some cases, a foreign will can be recognized in Italy, but it depends on several factors:
• the residency of the deceased at the time of death;
• the law governing the succession (according to EU Regulation 650/2012);
• the formal validity of the document.

The truth is, each case is different. And assuming your will is “fine” just because it was accepted back home can be a costly mistake—especially if you own property in Italy.

If you want to ensure that your wishes will be respected, and that your heirs won’t face unnecessary obstacles, get proper legal advice in Italy and contact us.

This article is not exhaustive and is a guidance only.

If you need assistance, please do get in touch.

In collaboration with Antonio Strangio, expert in International Wills and Testaments

Barbara De Benedittis Relocation and Legal in Italy