Modena Court rejects a restrictive interpretation of Italian law. This confirms that a trust deed executed as an authenticated private agreement may be recorded in the Italian Land Registry
A recent decision from the Court of Modena provides important guidance for international families, trustees, and advisors who use trusts to hold Italian real estate.
In a decree issued December 30, 2025, the Court ordered the Italian Land Registry to record a trust deed that had been rejected by the Registrar. The ruling confirms that a trust established through an authenticated private agreement – even if executed before a foreign notary – can be recorded in Italy. Furthermore, it does not require the form of a public notarial deed.
The Case
The dispute arose after the Registrar of the Modena Land Registry refused to record the deed establishing a trust that held Italian real estate.
The trust had been created through a private agreement whose signatures were authenticated by a Swiss notary and properly apostilled. Despite this, the Registrar argued that the trust could only be recorded if established through a public deed, relying on Article 2645-ter of the Italian Civil Code. This article governs certain “destination agreements” (negozi di destinazione).
The applicant challenged the refusal before the Court of Modena.
Why the Court Disagreed
The Court concluded that the Registrar had applied the wrong legal framework.
According to the ruling, a trust is not the same legal institution as a destination agreement under Article 2645-ter of the Civil Code. While both arrangements involve the segregation of assets for a specific purpose, they differ significantly in their structure, legal effects, governance, and operation. As a result, the formal requirements applicable to destination agreements cannot automatically be imposed on trusts.
Instead, the Court held that the proper legal basis for recording a trust in Italy is Article 12 of the Hague Trust Convention of 1985, ratified by Italy in 1989. That provision expressly allows a trustee to register movable or immovable property in its capacity as trustee, provided registration is not prohibited by local law.
The Importance of Form
One of the most significant aspects of the decision concerns the form required for a trust deed.
The Court noted that the Hague Trust Convention requires only that a trust be evidenced in writing. Nothing in the Convention requires the trust deed to be executed as a public notarial deed. Because Italian registration rules allow recording on the basis of a private agreement with authenticated signatures, the trust deed in question satisfied the applicable legal requirements.
For international clients, this is an important clarification. Many foreign trusts, particularly those established in common law jurisdictions, are not created through the type of public deed familiar in civil law countries. The ruling confirms that this difference alone should not prevent recognition and recording in Italy.
A Growing Judicial Trend
The Modena Court also referred to other decisions that have recognized the recordability of trust deeds executed through authenticated private agreements. This included rulings from the courts of Lucca, Ravenna, and previous decisions from Modena itself. The judgment therefore reinforces an emerging line of authority that distinguishes trusts from destination agreements and recognizes the autonomous legal framework created by the Hague Trust Convention.
Why This Matters for International Families
Trusts remain one of the most widely used tools for estate planning, asset protection, succession planning, and the management of family wealth.
For foreign individuals and families who own property in Italy through trust structures, uncertainty regarding registration requirements can create significant practical obstacles. The Modena decision provides greater legal certainty. It confirms that trusts should be evaluated under the Hague Trust Convention rather than being forced into legal categories designed for different institutions under Italian law.
Key Takeaway
The Court of Modena’s decree confirms that a trust deed does not need to be executed as a public notarial deed in order to be recorded in the Italian Land Registry. By recognizing the distinct nature of trusts and applying the Hague Trust Convention directly, the Court has reinforced the validity and practical usability of trust structures involving Italian real estate.
For international families and trustees with Italian assets, the decision represents another positive step toward greater certainty and predictability in the recognition of trusts within the Italian legal system.