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Notarial Testament in Italy

Public and secret testament under the Italian Law

Notarial Testament in Italy

 

 

 

 

 

 

 

 

According to the Italian Civil Code, the ordinary forms of testament are the holographic and notarial will.

The notarial will may be public or secret.

The public will is received by the notary in the presence of two witnesses. The testator declares his will to the notary in the presence of witnesses and the notary writes the testament. After, the notary reads the text of the will to the testator in the presence of witnesses. All these formalities are mentioned in the will. 

The will must indicate the place, date of receipt and time of signature. It must be signed by the testator, the witnesses and the notary. If the testator can not subscribe, he must declare the cause and the notary must mention this circumstance before the reading of the act.

The secret will may be written by the testator or by a third party. If written by the testator, it must be signed by him at the end; if written in whole or in part by others, or by mechanical means, it must have the signature of the testator in every page. 

The testator who can read but not write, must declare having read the will and the cause that prevented him to sign the will. These formalities will be mentioned in the act of reception. 

Who can not read, is not able to make a secret will.

To know more about last will and testment, please see also:

Legal advice on last will and testament in Italy

How is inheritance distributed in Italy?

Revocation of a last will in Italy

Acceptance of inheritance and benefit of inventory in Italy

Holographic will in Italy

European Certificate of Succession and its validity in Italy

For more information, please contact Lawyers in Rome

Published on 21 October 2013

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