# making a will



## sheilamarsco

any information on making a will in italy would be greatly appreciated. i have a house in italy which is my prima casa and children living in the uk who would be the beneficiaries and am not sure whether to make one in italy the uk or perhaps both?


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## Bevdeforges

I don't know the specifics for Italy, but generally real property (i.e. land and buildings) are controlled by the country in which the property is located. All other, so-called "movable property" generally goes by the inheritance law in the state in which the person was resident at the time of their death.

Your house in Italy will pass based on Italian law, so probably best to have an Italian will to cover it. If you still own real property back in the UK, you'll need a will back there, too.
Cheers,
Bev


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## adw

I'm not an expert at all, but I don't think Bev is correct here. Only one will will hold. If you are "domiciled" in the UK (which doesn't mean you actually live there - domicile and residence are separate concepts in law) and you are living in Italy you can probably make a will in which you choose which jurisdiction will apply to your will. It needs to be stated explicitly in the will, otherwise default rules will apply, and if you die in Italy having been living here, Italian law will be the default. The will will (I'll try not to say "will will" again) have to be made in accordance with the law of the country under whose jurisdiction it was drawn up.
So you can look into which laws will suit you best, and those may well be UK laws, where you have more freedom to make your own decisions, and get the will drawn up in that country.
I can put you in touch with the lawyer in Birmingham who did mine for me if you like, though for full disclosure I must say that he is my brother.


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## oldjerry

Sheila, Iknow about this,but bear with me I cant remember what you are sposed to do! I think if you have a uk will and can show it it is relative for any property in Italy that will do'but wether a non Italian can inherit Italian property is the bit I cant remember.Pm me if you dont get a firm answer,and I can contact the relatives who've done all this stuff. OJ


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## sheilamarsco

thanks for your help will post when i get it sorted out.


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## stef7sa

*will*

An italian notary explained us that a foreign will is valid in Italy as well, in case it is needed you'll only have to make a certified translation. So you could have your will set uo in the Uk just as eaily.



sheilamarsco said:


> any information on making a will in italy would be greatly appreciated. i have a house in italy which is my prima casa and children living in the uk who would be the beneficiaries and am not sure whether to make one in italy the uk or perhaps both?


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## sheilamarsco

thanks for your help i decided just to copy out the original will that i had done in scotland and have it resigned and dated with a codicil refuting any previous will and stating that this was to be effective in italy too. hopefully it won't be needed for many years yet!!!


stef7sa said:


> An italian notary explained us that a foreign will is valid in Italy as well, in case it is needed you'll only have to make a certified translation. So you could have your will set uo in the Uk just as eaily.


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## tcrocker

*Wills*



sheilamarsco said:


> thanks for your help i decided just to copy out the original will that i had done in scotland and have it resigned and dated with a codicil refuting any previous will and stating that this was to be effective in italy too. hopefully it won't be needed for many years yet!!!


Be aware Scottish wills are different from English wills, so copying a scottish will might not be wise.


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## pudd 2

tcrocker said:


> Be aware Scottish wills are different from English wills, so copying a scottish will might not be wise.


we have just had our will done in italy the english way by an italian lawer it was a thrird of the price qouted by english lawers working in italy if any one wants the contact detailks pm me


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## tcrocker

*Translation*



pudd 2 said:


> we have just had our will done in italy the english way by an italian lawer it was a thrird of the price qouted by english lawers working in italy if any one wants the contact detailks pm me


Out of interest did it come with the Italian translation annexed.


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## pudd 2

tcrocker said:


> Out of interest did it come with the Italian translation annexed.


yes it did and english which we have to coppy in our hand writing


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## tcrocker

*Reply*



pudd 2 said:


> yes it did and english which we have to coppy in our hand writing


Interesting. Thanks for the info.


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## markhincks

*In response to sheilamarsco's initial post...*

You should always consider making a Will for any assets in any given country. For example you should make an Italian Will to cover your property in Italy, you should also make an English Will to cover all assets in England and Wales. You can make a Will online at onlinewill.co.uk


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## Toxan

The same rule applies for Cyprus too. People are advised to make a will in the UK for UK assets, and a Cyprus Will for Cyprus assets. Helps with probate and succession law.


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## markhincks

That's right Toxan. Regardless of which foreign country you move to or now reside in you must make a Will in that country to cover any assets you hold there.


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## Cheru

Provided that I work in the wine import/export, Im not sure how I could promote my business by simply stating that my wife and I:

- chose to have separate Italian and English Wills
- the Italian Wills were made pursuant to English law, which is perfectly legit in Italy
- having your "Italian Wills" drafted under English law has the advantage of not having to be submitted to the fixed shares that Italian inheritance law reserves for the immediate family members

hope this helps

(my previous posting was a lot longer and more detailed but it's quite late now and I am worried if this - too - will be deleted so I might be wasting my time talking to myself!)


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