Why is it worth making a will?

Today, courtrooms across Italy are increasingly overwhelmed with disputes among heirs.
Making a will is becoming a valuable choice—one that brings clear benefits not only to heirs, regardless of their degree of kinship or legal entitlement, but above all to the person who owns the assets. Through a will, one can distribute their estate according to personal wishes, rather than solely according to the law.

In fact, drafting a valid, unchallengeable holographic will allows full compliance with the law and the so-called forced heirship (legittima), while also giving the testator the freedom to allocate up to 75% of their estate to others—such as cohabiting partners, charities, churches, institutions, or friends.

By planning the distribution of one’s assets, it is possible to prevent conflicts among heirs and significantly reduce the risk of family disputes.

This article explores the importance of making a will—a highly relevant and widely searched topic that involves various legal and technical aspects. For this reason, it's essential to understand it in depth to avoid costly mistakes.

Is it worth making a will?

Making a will can be beneficial at any stage of life, especially when dealing with a complex estate, children from previous relationships, heirs with specific needs, or if you wish to include individuals outside the forced heirship—such as friends or charitable organizations.

It is also particularly advisable in the case of international estates, where assets are located in multiple countries. A will can help streamline succession procedures, saving heirs both time and money.
In any case, it is recommended to update your will whenever there are significant changes in family or financial circumstances.

It’s important to clarify that in the absence of children, the surviving spouse does not automatically inherit the entire estate and may be required to share it with other first-degree relatives.
Matters become even more complex for unmarried or de facto couples, where the surviving partner has no inheritance rights—unless there is a civil union or marriage with joint ownership of assets, in accordance with the current Civil Code.

Why would someone choose not to make a will?

In Italy, drafting a will is becoming increasingly common due to the many advantages it offers to heirs. In fact, it is almost an act of generosity towards one’s successors. Yet the greatest benefit goes to the testator, who gains full control over how their assets will be allocated.

There are no real downsides to writing a will. A will can be revoked or modified at any time, and there is no limit to the number of wills a person can create. The most recent valid will that meets legal requirements will be the one considered binding.

That’s why making a will is something to consider as early as possible—while one is mentally competent, responsible, and forward-thinking. It allows for the orderly distribution of assets in line with personal wishes, offering additional protection for heirs.

A will can be made at any age, as long as the person is mentally competent and owns assets.

What is the legal value of a holographic will?

A will has full legal force and represents the final wishes of the testator—but it must respect legal provisions on forced heirship, where applicable. If a will violates the rights of forced heirs, it can be contested. In such cases, an heir who believes they were unfairly treated can ask the court to verify whether the will complies with the legal minimum share.

A legally sound will can be drafted with the assistance of professionals, such as those at Agenzia delle Successioni. Their team includes experts who ensure legal accuracy and help ensure that the testator’s wishes are respected—minimizing the risk of future disputes.

How does inheritance work when there is a will?

When a valid will exists, the estate is distributed according to the testator’s instructions.
In the case of a holographic will—whether it is filed with a notary (an optional step) or kept at home—it is opened upon the testator’s death, and its provisions are executed accordingly.

A will allows the testator to distribute their assets while respecting the forced shares—the minimum portions of the estate that must go to close relatives, such as the spouse, children, or, if none, the parents. Beyond these mandatory shares, the testator has full discretion to decide who should receive the available quota, i.e. the remaining portion of the estate.

If you wish to draft a will, you can get in touch with Agenzia delle Successioni by filling out the form. They will guide you through the process step by step, helping you make the right choices and avoid any legal missteps.