Giorgio
Lawyer · Genoa, Italy
- 148 cases handled · 2 in this service
- 11+ years in practice
- Speaks: Russian, English
- Law, University of Genoa
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5.00(5 reviews)
Make a Will (Last Will & Testament) in Italy
Lawyers who help foreigners with a home or other assets in Italy make a valid will, handwritten or before a notary, and explain which country's law will govern the estate and what share Italian law reserves for close family.
About Make a Will (Last Will & Testament) in Italy
Making a will in Italy, or writing an Italian will, is how a foreigner with a house, land or savings in Italy decides who receives them. In English the document is a will or a last will and testament; in Italian it is a testamento, usually either a handwritten testamento olografo or a testamento pubblico made before a notaio (notary). Some older lists and lawyer pages call this service “Make a last Will & Testament”. This page is for expats living in Italy, owners of holiday homes and anyone whose estate will touch Italian law.
The usual forms of will in Italy
- Testamento olografo: written entirely by hand, dated and signed by the testator. It costs little and can be kept privately or deposited with a notary, but a mistake of form or a lost original can undo it, and after the death a notary publishes it before it is used.
- Testamento pubblico: the testator states their wishes to a notary in the presence of witnesses, and the notary writes and keeps the will. A testator who does not speak Italian is assisted by an interpreter.
- A sealed, secret will also exists but is rarely used.
Which law and what share
Under the EU succession regulation, which Italy applies, an estate is normally governed by the law of the country where the person last lived. A foreigner resident in Italy can instead choose, in the will, the law of their nationality. The choice matters because Italian law reserves part of the estate, the legittima, for the spouse and the children, and in some cases the parents; only the rest, the quota disponibile, can be left freely. A will that ignores the reserved share can later be reduced by a court.
Points to watch
A will made at home may well be recognised in Italy, but a separate, coordinated will for the Italian assets often makes the work of heirs and notaries easier, while two wills that contradict or revoke each other do the opposite. A handwritten will that nobody can find helps no one: depositing it with a notary records its existence in the national register of wills.
What a lawyer does
An English-speaking lawyer in Italy explains the options, checks how a will made abroad fits with Italian property, drafts the text or prepares the notary appointment, and coordinates with advisers at home. What happens after a death is on inheritance; a disputed will is on contesting a will. Many buyers settle their will right after buying property in Italy. More services are listed under probate law.
Questions and answers
Is an English or American will valid in Italy?
A will that is valid in form where it was made is generally recognised. Whether it works well for Italian property, and which law governs the estate, is a separate question a lawyer checks.
Can a will be written in English?
A handwritten will can be in any language the testator knows; a will before a notary is drawn up in Italian, with an interpreter and a translation.
Can everything be left to a partner?
Under Italian law, children and a spouse have a reserved share. A valid choice of the law of a nationality without such a share changes that; a lawyer explains the effects.
Where is a will kept in Italy?
A will made before a notary stays with the notary and is recorded in a national register; a handwritten will can be deposited with a notary for the same reason.
What happens if there is no will?
The estate passes to the relatives named by the applicable law, which may not match the deceased's wishes.
Italy Inheritance Tax for Foreigners
Open the full tool →Estimate the inheritance tax you pay on property and money in Italy — by your relationship to the deceased and the value of your share.
How it works
Using the calculator
- Choose how you were related to the deceased.
- Enter the value of your share of what is in Italy, and how much of it is real estate — at its cadastral value.
- Tick whether an heir has the prima casa requirements for the home, and whether you have a recognised serious disability.
The result shows the tax-free amount, the inheritance tax and the property taxes.
What Italy taxes
Each heir pays on their own share. When the deceased lived abroad, only the assets in Italy are taxed — a home, Italian bank accounts, other assets here — whoever inherits them. Real estate counts at its cadastral value (the rendita catastale × 1.05 × 120 for a home), usually well below the market price. Unless an inventory is filed, the law adds 10% of the taxed part for cash, furniture and jewellery.
Rates by relationship
A spouse, children, grandchildren and parents pay 4% only on what they receive above €1,000,000 each. Brothers and sisters pay 6% above €100,000. Other relatives up to the fourth degree — nephews, nieces, uncles, aunts, cousins — and in-laws, step-children included, pay 6% on everything. Everyone else, an unmarried partner too, pays 8% on everything. An heir with a serious disability pays only above €1,500,000. Inherited real estate also pays a mortgage tax of 2% and a cadastral tax of 1% (at least €200 each), or €200 each when an heir qualifies for the prima casa relief.
Deadlines and paying
Since 2025 the heirs file the declaration online within 12 months of the death and work out the tax themselves; it is paid within 90 days of that deadline, in instalments if it is €1,000 or more. A lawyer in Italy prepares the declaration, the transfer of the property in the land registry and, when there is a will, its publication.
1Your details
Everything you receive, after debts: real estate at its cadastral value, money in Italian banks, other assets
Its cadastral value (rendita × 1.05 × 120 for a home) — the mortgage and cadastral taxes are on it
If you declare less than 10% of the taxed part, the law presumes 10%
2Your result
| Tax-free amountPer heir, on your own share | €100,000 |
| Presumed cash, furniture and jewelleryAdded by law: 10% of the taxed part, less what you declare — unless an inventory is filed | €30,000 |
| Inheritance tax 6% on €330,000On the part above the tax-free amount | €19,800 |
| Mortgage tax 2%On the cadastral value of the real estate, at least €200 | €6,000 |
| Cadastral tax 1%At least €200 | €3,000 |
| Inheritance tax and property taxes | €28,800 |
- When the deceased did not live in Italy, Italy taxes only what is in Italy — the home, Italian bank accounts, other assets here; whoever the heir is.
- The mortgage and cadastral taxes are paid once on the property, by the heirs together; the calculator puts them on your share. Small fixed charges (stamp duty, registry fees) come on top.
- File the declaration online within 12 months of the death; the heirs work out the tax themselves and pay it within 90 days of that deadline — from €1,000, 20% at once and the rest in 8 or 12 quarterly instalments.
- Italian government bonds and cars are not taxed. The 10% presumption for cash, furniture and jewellery falls away when an inventory of them is filed.
- Tax paid abroad on the same assets is credited. Italy has inheritance-tax treaties with only a few countries (among them the UK, the US and France).
- Gifts are taxed at the same rates with the same tax-free amounts.
An estimate for planning, not legal or tax advice. Figures checked 30 Oct 2026. Sources: Agenzia delle Entrate — declaration and inheritance tax (June 2026), Agenzia delle Entrate — guide to working out the tax (relationships and rates), Agenzia delle Entrate — paying the taxes of a succession, D.Lgs. 139/2024 — the reform (Agenzia delle Entrate).
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What our clients say about our service in Italy
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In 2021 my wife and I moved from America to Spain, where we found out that Spanish law required each of us to have a will if one of us died, so the survivor could reach the cash in our Spanish bank accounts. In 2025 we contacted the lawyer to get this done. She speaks good English and carried out the task expertly and efficiently, even joining us at the notary's office to finalize the paperwork. We were so pleased that we also hired her for our Spanish taxes for 2025. They were done perfectly too, and we even received a refund. I would definitely recommend her for any need under Spanish law. The fees were very reasonable and well earned.
— Lucky17 Aug 2026Make a Will (Last Will & Testament) -
She was always very helpful, and I would recommend her.
— Jeffrey07 Jul 2026 -
Professional advice sorted out all my requests; I am very satisfied.
— Michael03 Jul 2026 -
The lawyer was exemplary. A matter concerning a will needed immediate attention during my stay in the country, and he handled the legal review, the notarial consultation and the procurement of witnesses fast, reliably and efficiently, with professional expertise. When you need legal advice in Portugal, he is the person to go to.
— Steve11 Jun 2026Make a Will (Last Will & Testament) -
The lawyer in Oviedo gave us great service, with a professional and friendly manner. His English is excellent, and he planned everything well, including the help with the notary. Thank you!
— Goe30 Jan 2026Make a Will (Last Will & Testament) -
The lawyer has helped my family for many years, always fantastic and consistent, with good communication throughout. She is very professional and knowledgeable, and always on hand to answer questions and offer good advice. I would recommend her; she is first class.
— Kate10 Dec 2025Make a Will (Last Will & Testament) -
What a service! The lawyer is by far the most professional, thorough and helpful lawyer or solicitor I have dealt with, and my international affairs mean I have worked with plenty. When we wanted our wills drawn up, we did not want them under Spanish law. He saw to it that they were prepared and secured under the laws of our home countries and yet fully valid here in Gran Canaria under Spanish law. My wife is 78 and needed to sell her apartment while keeping the right to live in it for the rest of her life (at least 30 years), at an agreed lower rent and with usufruct rights, so that she would get cash from the sale without losing her home. He sorted that out too. He arranged everything, the notary included, and provided us with English translations of the Spanish contract. I cannot stress enough that he was available at any time by phone, email or WhatsApp. He even went through everything with us at the notary's office, and whenever something was unclear or not in our favour, he had it redrafted again and again. His integrity, professionalism and commitment to his clients are the best I have ever met. If you need a lawyer in Gran Canaria who speaks excellent English and keeps cool under the heaviest pressure, he is the one to have beside you. Simply the best is what you get, as the song says. If you fear he will be expensive, there is no need: I paid more in the UK and Germany, among other countries where I needed legal representation. Both my British wife and I have hired him several times by now, and we will always keep returning to him, whatever else comes up. This review is long, I know, but I could say much more about his superb work. If you are not yet convinced, there is nothing more I can say. Until next time, to a legal-knowledge computer on two legs, and a wonderful one!
— Michael27 Jun 2025Make a Will (Last Will & Testament) -
She was very professional and knowledgeable about the law, and also kind and empathetic when we discussed my options on a very personal point. The assistance was excellent and I would recommend her without hesitation.
— Jennifer29 May 2025 -
The lawyer was personal and professional while writing and filing my Will. She is friendly, and she could advise me on the complexities of a Will in Portugal and on the legal requirements, which differ from those of Australia, where I am a national.
— Michael24 Mar 2025Make a Will (Last Will & Testament) -
Friendly, patient and easy to understand.
— Darren26 Feb 2025Make a Will (Last Will & Testament) -
The lawyer handled my request very well, and his English was perfect. I am completely satisfied.
— Carl18 Feb 2025 -
I needed a Will covering my Spanish assets and so returned to the lawyer who had already done an excellent job when we bought our property. She was just as professional this time: she listened to what I needed and then drafted a Will that fitted it. Within days it was all finished, an amazing job. I would gladly use these services again, and without any hesitation.
— Robert27 Jan 2025Make a Will (Last Will & Testament)