Maritime wills: procedures and legal requirements

During a sea voyage, a will can be received aboard the ship by the captain. The captain’s will may be received by the person who directly follows him in the order of service. This article will specifically analyze this unique characteristic of maritime wills.

What are the conditions for a maritime will?

The term "ship" should be understood broadly, meaning the will can be received on any vessel, regardless of its size, as long as the necessary personnel and tools for drafting it are available.

It is required that the ship is in transit, without needing to distinguish between long or short trips. When there are no significant difficulties in finding a notary or witnesses, this special form of will is not allowed.
The "captain" refers to whoever is in command of the crew at the time, including any substitute in case the captain is unable to perform his duties.

Those who can use this special form of will include all individuals on board the ship for any reason, including crew members, passengers, and even stowaways.

What are the formalities for a maritime will?

The will is drafted in duplicate in the presence of two witnesses and must be signed by the testator, the person receiving the will, and the witnesses. If the testator or the witnesses are unable to sign, the reason for the inability to sign must be indicated.

The will is kept among the ship’s official documents and is recorded in the ship’s logbook, nautical log, and crew roster.

To whom should the maritime will be delivered?

If the ship arrives at a foreign port with a consular authority, the captain must deliver one of the originals of the will and a copy of the logbook annotation to the consular authority.
Upon the ship’s return to its home country, the two originals of the will, or the one not deposited during the voyage, must be delivered to the local maritime authority along with a copy of the aforementioned annotation.
A declaration of the delivery must be issued, and a note must be made in the logbook regarding the delivery.
The delivery obligation falls on the captain, and he is entitled to receive a certification, which is also noted in the logbook.

How should the delivery report for a maritime will be drafted?

The local maritime or consular authority must draft a report on the delivery of the will and send the report and the documents received to the Ministry of Defense or the Ministry of Infrastructure and Transport, depending on whether the will was received aboard a military or commercial vessel.
The Ministry will order the deposit of one of the originals in its archive and send the other to the notarial archive of the testator’s last residence.

If the testator dies during the voyage, the heirs and legatees may request the execution of the will even before it reaches the notarial archive, as the deposit in the archive is not a requirement for the effectiveness or executability of the will.

When does a maritime will lose its effectiveness?

A will made during a sea voyage loses its effectiveness three months after the testator disembarks in a location where a will can be made in the ordinary forms.

According to some legal scholars, if the testator re-embarks before the three-month period expires, the will loses its effectiveness. However, others argue that re-embarking interrupts the term, which would then restart after the testator disembarks in a place where ordinary wills can be made.

If you wish to learn more about maritime wills or general testamentary matters, you can contact Agenzia delle Successioni, where our professionals can provide support tailored to the needs of the testator and their heirs.