Italian or International Will? Estate Planning for Italian-American Citizens with Assets in Italy
Are you an Italian-American citizen living in the United States, with a property in Italy and children living in another country? Or have you built your family life abroad while retaining a significant part of your assets in Italy?
Making a will to deal with your assets in Italy is not mandatory, but it may be advisable for several reasons:
- To plan your succession while considering the different jurisdictions involved when your assets are located in several countries;
- To choose the law applicable to your succession, where permitted, and identify in advance the rules that will govern the distribution of your estate.
- To decide who will inherit your assets by identifying your heirs and, where possible, leaving specific assets to particular individuals;
- To distribute your estate according to your wishes, subject to any legal restrictions, such as those protecting certain heirs’ inheritance rights;
- To reduce the risk of disputes between heirs by setting out clear provisions that reflect your personal and financial circumstances.
Italian Will or International Will: Which Is Right for You?
Consider, for example, an Italian citizen who lives in US and owns an apartment in Florence as well as financial investments in other countries. This combination of personal and financial connections raises a practical question: whether an Italian will or an international will is better suited to coordinating the succession.
Alongside the traditional forms of will recognised under Italian law (handwritten wills, public wills and secret wills) there is also the international will, governed by the 1973 Washington Convention (the “Convention”), to which Italy acceded through Law No. 387/1990.
This form of will was introduced to harmonise certain rules on testamentary formalities and facilitate recognition in the countries that are parties to the Convention. It may be worth considering when your life or assets have connections with several countries, although it is not necessarily the most suitable solution for every situation.
What are the requirements for an international will?
An international will consists of two elements: the testamentary document, which contains your final wishes, and a certificate confirming that the formal requirements laid down by the Convention have been met.
The will may be drawn up in any language and does not have to be handwritten: other means of writing may also be used. However, under the Convention, the testator must declare, in the presence of two witnesses and an authorised person, that the document is their will and that they know its contents. The document must then be signed in accordance with the prescribed formalities and accompanied by the relevant certificate.
In Italy, the authorised person who receives an international will is a notary public. Abroad, Italian diplomatic or consular officers may also act in this capacity where permitted and subject to the applicable conditions.
These requirements are not merely administrative formalities: failure to comply with them may affect the validity of the document as an international will. In some cases, however, the document may still be effective as another form of will, provided that it satisfies the requirements for that form.
Is an international will valid in every country?
The Convention aims to facilitate recognition of the formal validity of a will in the countries that are parties to it, but it does not guarantee universal recognition.
For this reason, if you live abroad or own assets in several countries, it is important to establish which countries are involved and which rules apply to your circumstances.
How can you choose the most suitable form of will?
No single form of will is ideal for everyone. The appropriate choice requires a coordinated assessment of your nationality and residence, the nature and location of your assets, and every country connected with your estate.
This article was written by Davide De Rosa and Angela Suprano
If you live abroad or own assets in more than one country, our law firm can help you assess which form of will best suits your circumstances, identify the rules applicable in the countries concerned, and plan your succession with confidence.
