Expert Inheritance Lawyer in Italy for Wills & Probate

Inheritance matters in Italy can become particularly complex when heirs live abroad, assets are located in Italy, or the estate involves a will, gifts made during lifetime, excluded heirs or disputes over the deceased’s true intentions. In many cases, conflicts arise where a will or lifetime transfer appears to prejudice the rights of protected heirs under Italian law, including the spouse, children and, in some cases, ascendants.

Our law firm assists foreign clients and international families in inheritance and succession matters involving Italy, providing clear legal advice and practical guidance in both contentious and non-contentious matters. We advise on Italian wills, intestate succession, forced heirship rules, challenges to wills, disputes concerning gifts and donations, acceptance or renunciation of inheritance, division of the estate and claims brought by or against heirs.

We also assist clients in more sensitive and complex disputes, including cases involving alleged incapacity of the testator, undue influence, fraud, mistake or other grounds for challenging testamentary provisions under Italian law. Where heirs are in conflict, we work to protect our client’s position through negotiation and mediation whenever possible, while remaining fully prepared to take legal action before the Italian courts when necessary.

Succession disputes in Italy often require a careful legal strategy, especially in cross-border cases involving foreign nationals, documents executed abroad or estates with assets in more than one country. Our aim is to help clients understand their rights, assess the available options and move forward with confidence.

If you are dealing with an inheritance issue in Italy, contact our firm to arrange an initial consultation in English or Italian.

Under Article 587 of the Italian Civil Code, a will is a revocable act by which a person disposes of all or part of his or her estate to take effect upon death. Italian law recognises different forms of will, each with specific legal requirements. The most commonly used are the public will, executed before a notary, and the holographic will, which must be entirely handwritten, dated and signed by the testator. Italian law also recognises the secret will, which is delivered to a notary in the prescribed form. 

In practice, the holographic will is frequently used because it is simpler and does not require immediate notarial intervention. However, precisely because it is drafted privately, it often gives rise to disputes concerning authenticity, date, interpretation, capacity of the testator and compliance with formal requirements. A will may also be revoked or replaced by a later valid testamentary instrument, in accordance with the rules of Italian succession law. 

For foreign clients, wills concerning assets located in Italy require particular care. Even where a document appears valid at first sight, issues may arise in relation to Italian forced heirship rules, formal validity, competing testamentary documents or the actual intention of the deceased. For this reason, legal review is often essential before accepting, enforcing or challenging a will in Italy.

A further and particularly sensitive issue concerns forged or false wills. Under Italian law, a will may be challenged where there are grounds to contest its authenticity, where the document is alleged not to have been genuinely written or signed by the deceased, or where the testamentary provisions are affected by fraud, violence, mistake or lack of capacity. Depending on the circumstances, the available remedies may include an action to establish the falsity or invalidity of the will, an action to set aside testamentary provisions, and related inheritance claims aimed at restoring the correct succession rights. Article 624 of the Civil Code expressly allows interested parties to challenge testamentary provisions affected by error, violence or fraud. 

Italian law also provides an important consequence for anyone who has forged a will or knowingly made use of a false will. Under Article 463 of the Civil Code, such conduct may give rise to indegnità a succedere, meaning unworthiness to inherit, with the result that the wrongdoer may be excluded from the succession if the relevant legal requirements are established. This is a particularly serious remedy and must be pursued through the appropriate judicial action, together with the underlying challenge to the will where necessary. 

Our firm assists clients in disputes concerning the validity, interpretation and enforcement of wills in Italy, including cases involving suspected forgery, undue influence, incapacity of the testator and conflicts among heirs. We help clients assess the available evidence, protect their inheritance rights and take prompt action before the Italian courts where required.