Last will and testament in Italy
Legal advice on last will and testament in Italy
Pursuant to the Article 587 of Italian Civil Code, a testament is a revocable act by which a person arranges all his goods for the time he has ceased to live.
All people may have a will, unless they have been declared incapable by law.
The ordinary forms of the testament are the holographic and the notarial testament.
According to the Article 602, the holographic will must be written, dated and signed by the hand of the testator. The signature must be placed at the end of the provisions.
The notarial testament is public or secret.
The public notarial testament is received by the notary in the presence of two witnesses. The testator declares to the notary his will and the notary writes the testament and reads it in the presence of the witnesses.
The secret notarial testament can be writenn by the testator or by a third party. In the presence of two witnesses, the testator personally gives to the notary the paper closed in sealed envolope and declares that his will is contained in it.
Italian Law allows some special forms of wills, which don't require compliance with all requirements applicable to ordinary forms (for examples in the cases of infectious diseases, public calamities or accidents).
By Mr. Luca Santaniello
Lawyer at Santaniello & Partners
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Published on 20 November 2012
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