Will

• What is a will?
• Types of wills
• When to make a will
• Who can be included in a will
• Who must be included in a will
• Cost of making a will
• When a will is invalid: void and voidable wills
• How to find out if a will exists
• Publication of the will
• Holographic will sample

What is a will?

A will is a legal document in which a person specifies how their assets should be distributed after death. It is a unilateral act (written by a single individual), revocable (it can be changed at any time), and formal (it must comply with specific legal rules).

In addition to distributing property, the will can also include other provisions permitted by law, such as the acknowledgment of a child. The testator (the person writing the will) may designate heirs who would not otherwise inherit, or assign different shares from those defined by law.

Types of wills

There are several types of wills, primarily divided into four categories:

1. Holographic will: Entirely handwritten, dated, and signed by the testator. No official format is required, but legal consultation is recommended to avoid future disputes and ensure compliance with legal rules, particularly regarding the shares reserved by law for certain heirs ("legittimari").
2. Public will: A document drawn up by a notary in the presence of two witnesses. The notary records and certifies the testator's wishes. This type provides strong legal certainty but is not confidential.
3. Secret will: A handwritten will placed in a sealed envelope and delivered to a notary. It offers security from loss or tampering and can be amended or replaced at any time. It may be written by someone else on the testator’s behalf, provided the testator signs it.
4. Special will: Permitted in exceptional circumstances (e.g., pandemics, natural disasters, or serious accidents) when standard forms are not feasible. Legal conditions must justify its use.

When to make a will

Anyone aged 18 or older who is mentally competent can make a will. While many people draft wills later in life, such as retirees or individuals in complex family situations, a will can be made at any time. Testators may amend their wishes by drafting a new will, which can either replace or supplement a previous one.

Who can be included in a will

A will may name natural persons, legal entities, or institutions such as associations, foundations, or public bodies (e.g., the municipality of residence). Even unborn children may be named.

Who must be included in a will

Certain close relatives, known as "legittimari," are entitled to a reserved share of the estate and cannot be excluded. These include the spouse, children, and direct ancestors (such as parents or grandparents). Descendants of deceased children (e.g., grandchildren) have the same rights.

Cost of making a will

A holographic will is free to create, as it is written by the testator. However, legal consultation may incur a fee. Public wills require payment of notarial fees, which vary but are partly regulated by law. Secret wills generally involve minimal cost, mainly for notary storage, which is often provided free of charge.

When a will is invalid: void and voidable wills

A will is void if it lacks essential formal elements—for example, handwriting or a signature in a holographic will, or proper certification in a public will. These defects cannot be corrected.

A will is voidable if it contains flaws such as coercion, fraud, or lack of legal capacity. These issues must be challenged in court by someone with legal standing. The deadline for contesting a will is five years from when any part of the instructions was executed. If the will is successfully contested, the estate is distributed through intestate succession. Legal assistance is required for these proceedings, and low-income individuals may qualify for legal aid.

How to find out if a will exists

For a holographic will, heirs must search the deceased's home or personal spaces, as it is not formally filed. The testator may have informed a trusted individual.

For public or secret wills, the process involves contacting a notary—typically the one who drafted or holds the will, often located in the district where the deceased lived. Online platforms and services offered by Notarial Councils can assist. If needed, a formal request may be submitted to the local notarial archive.

The General Register of Wills also allows verification of wills registered in Italy or abroad.

Publication of the will

Anyone in possession of a holographic will must present it to a notary for publication as soon as they learn of the testator’s death. For public or secret wills held by a notary, the notary must be informed of the death in order to initiate publication and inform relevant parties. The succession process then proceeds.

Holographic will sample

Although no specific format is required, a valid holographic will should include the following:

1. Full name of the testator
2. Statement of the testator's wishes
3. Place and date of writing
4. Signature

A sample can serve as a helpful guide, but it is strongly recommended to seek legal advice to avoid disputes, especially from potential heirs who are entitled to a share under the law. Proper estate planning includes determining the portion of the estate that can be freely assigned.

Agenzia delle Successioni employs professionals ready to assist individuals in drafting and managing wills. They can also help with filing a will with a notary, although such filing is not mandatory.