Will General Rules
- The testator cannot violate rules for mandatory distributions to family members (see forced heirship): if the latter are violated, the heirs can either accept the will and respect the wishes of the deceased person or contest the will;
- The testator shall follow some formal rules:
- write it entirely by his hand, date and sign it at the end;
- write it on a computer, date and sign each half page;
- write it with the assistance of a notary and two witnesses.
- The will shall be probated to be executed.
If you believe that you have rights to the assets of a relative, you should contact an Italian attorney because in Italy the will is not “proved” in a court of law and the execution is not monitored by a judge.
In Italy, the handwritten will is brought to a notary who simply reports the content, and communicates this report to the known heirs. The report is then recorded in the Registy of the Wills at the local Courthouse. In Italy, the law only guarantees the notice of the will (to let people know about the existence of the will), not the protection of the closest heirs and creditors.
Therefore, if you think you should protect your rights in the estate you should initiate a legal action.
Back to the inheritance main page.