# Italian legislation re wills



## Mjen235 (Jan 31, 2021)

My husband and I are both UK citizens but permanent Italian residents. We have no property in either Italy or the UK. We have only Italian bank accounts and small investments (Italian) both owned jointly, but able to be signed for separately. If one of us dies the other wishes to leave everything (if possible) to the other, despite there being an adult son of one of us. Is this possible/legal and how does one organise it?


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## Italia-Mx (Jan 14, 2009)

Each of you should write down your wishes, sign and date. This cannot be typed. Must all be handwritten. Each keep a copy in a safe place and each give a copy to your Notaio.


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## modicasa (May 29, 2021)

AS you are both resident in Italy, and despite your being Uk nationals, you will fall under Italian succession law and therefore the 'legittima'. This means that the surviving spouse will get 50% and the son 50% of all your goods. The only way around this would be for your son not to accept his part of the inheritance in which case it would revert to the surviving spouse.


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## Bevdeforges (Nov 16, 2007)

You may want to take a look at this (from the European Union website): Cross-border inheritance in the EU: planning and managing

There is an EU regulation that governs "cross border" inheritance situation. It is supposed to allow foreigners in the EU to invoke the inheritance laws of their home country (though the actual division of property will still be taxed under local laws and at local rates). You'd have to do some research to see how this is set up in Italy, but I know people in a number of other countries have applied the principle in situations similar to yours. (And no, it's not necessary that your home country be a member of the EU as far as I understand the regulations.) Worth looking into at any rate.


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## modicasa (May 29, 2021)

The UK opted out of the latest EU directive as did Ireland and Denmark.


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## GeordieBorn (Jul 15, 2016)

But Italy didn't?


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