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The Value of Drafting an Italian WillBy De Tullio Law Firm
First and foremost it is generally recommended that foreign citizens owning assets in Italy draft an Italian Will. This will not only enable clarification of the deceased wishes but also prevent significant difficulties that heirs might experience when transferring the ownership of Italian properties originally registered in the name of the testator. Although, generally speaking, Italy recognizes the validity of international Wills, under the Italian Law all foreign Wills must be authenticated by an Italian Public Notary before executing the probate. The Notary will not publish or legalize Wills drafted in a foreign language (and governed by different legal jurisdictions) in Italy unless translated by a professionally certified translator. It is nonetheless advisable for a non-Italian citizen to draft an Italian Will if she/he owns properties (house or land) on Italian territory.
There are clear and obvious advantages to drafting an Italian Will. These can be summarized as follows:
Getting professional legal advice from a lawyer who can help you to draft a Will ensures that it complies with Italian law. This will limit the complications of Italian legal succession and will ensure that Italian property is disposed of according to the testator's wishes. For example, through a Will, it is possible to dispose of one's own assets in favour of charity entities, public associations, etc. It would, therefore be wise to seek the advice of a professional in the field.
Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.
About the Author:
De Tullio Law Firm is an international law firm specialized in Italian inheritance law and Italian cross border real estate transactions. Over the years, it has gained a wide experience in the real estate field, as well as providing assistance with wills & probates, EU law, litigation, taxes and corporate law.
De Tullio Law Firm is listed on the British and American embassies websites, and contributes as legal expert with several publications.
On our website www.detulliolawfirm.com you will find plenty of information about Italian property, as well as articles about Italian inheritance law and foreign married couples. On our sister site www.italianinheritance.it you will find detailed information about the Italian inheritance procedure. Our aim is to assist our clients in the best possible way by giving independent legal advice, and also to inform and educate our on-line visitors on the basics and beyond.
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