ITALIAN INHERITANCE LAW - STUDIO LEGALE BOTTINO [EXPERTISE IN BOTH ITALIAN AND GERMAN LAW]
Who can make an Italian Will: a person who is at least 18 years old: the legal owner of the remaining assets: of sound mind (capace di intendere e di volere). In the event of a dispute over the mental capacity at the time of drafting the will, a court will decide.
Who should make an Italian Will: Italy recognises an International will as valid, but it is recommended that a foreigner makes a will in Italy if he/she is: living permanently in Italy: having the residence there at the time of his/her death: is a Foreigner who owns immovable property (house, flat, land) in Italy. Note: The main reason for making an Italian will is to simplify matters at the time of death.
There are three scenarios that describe variations on the theme of succession:
Legal succession (also know as Intestate Succession)
Legal succession applies where the deceased has not left a will. In this case, it is Italian law that establishes who is to inherit the deceased persons estate. Successors in title (children or grandchildren) or other relatives in the ascending line (parents or grandparents) up to the sixth degree may participate, including illegitimate children.
Testamentary Succession (deceased with a will)
Testamentary Succession applies when the deceased leaves a will in which the heir receives the distribution of assets as mandated by law. The rights of the heir are also indefeasible by law. The will must be drawn up in writing (an oral will is not valid) and can be revoked at any time.
Succession by necessity (non - conforming) will
Succession by necessity recognises and redirects a misappropriation by the deceased of the estate. In this case, the law recognises the obligatory rights of successors to shares in the estate, even if the deceased did not provide for them.
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