How to make a will without going to a notary?

A will is one of the most powerful legal tools available for expressing a person’s final wishes. Through a will, an individual decides how to distribute their assets to one or more persons or legal entities, with effect after their death.

There are different types of wills recognized under Italian law, but only the holographic will allows for the process to take place without the involvement of a notary, granting the testator complete autonomy—provided that the statutory forced heirship shares are respected, as required by the Italian legal system.

So yes, it is possible to create a will without going to a notary. However, due to the sensitive and impactful nature of the process, it is strongly recommended to consult with an expert familiar with the matter. This helps to ensure the will is valid and that it cannot be contested or challenged.

Who can make a will without a notary in Italy?

In Italy, any person of legal age (18 or older) who is not legally incapacitated due to mental health reasons may draft a will without a notary.

The testator must act independently, complying with the required formal and legal criteria to ensure the will is valid and legally enforceable.

What are the legal requirements for a holographic will?

A holographic will must be:

• Entirely handwritten by the testator;
• Dated, including day, month, and year;
• Signed by the testator by hand.

The document must be written manually, without the use of mechanical or electronic devices (e.g., typewriters, computers, speech-to-text tools). Furthermore, the testator cannot receive assistance from others in writing even a single word or passage.

The writing may be either in cursive or printed (block) letters. The Italian Supreme Court, in judgment no. 331457/2018, confirmed that printed letters may be considered personal handwriting, just like cursive.

Including the date is essential. Failure to include it may lead to the annulment of the will. The date also serves a legal function: if a newer will does not explicitly revoke previous versions, it will automatically override any conflicting provisions in earlier documents. This is because Italian law allows multiple wills over a person’s lifetime, but the most recent valid one takes precedence. Additionally, a will can be revoked or changed at any time.

In simple terms: a person may draft multiple wills, but only the last valid version is legally binding.

What to include in a will without a notary?

When writing a will, it is crucial to respect the forced heirship rules—i.e., the minimum shares legally reserved for spouses, children, or other protected heirs. A will has both personal and financial value, since it determines how a person’s estate will be distributed after death.

There are no financial thresholds or limits required to draft a holographic will. The testator may dispose of any and all assets—whether the estate is modest or worth tens of thousands of euros.

Risks of making a will without a notary

Although this form of will is perfectly legal, it is also vulnerable. There is a real risk that it could be lost, damaged, destroyed, or never found.

Another risk is that, since it is not deposited with a notary or official body, the will may never be discovered. A holographic will, if not delivered to a notary or official custodian, cannot be located via the General Registry of Wills (Registro Generale dei Testamenti), which only tracks wills formally registered by public officials.

Get expert support to avoid legal issues

Given these risks, it's wise to seek assistance. In Italy, a specialized firm like Agenzia delle Successioni can guide you in choosing the most suitable type of will and ensure the process is completed correctly—avoiding challenges from heirs and ensuring the testator’s wishes are fulfilled.

To receive free legal advice, simply fill out the form on the website: agenziadellesuccessioni.it