Haven’t made a will and wondering what will happen to your assets? You don’t have to leave everything to chance: the law sets out precise rules, but with a will you can decide otherwise.
It’s an important choice in many situations: protecting your spouse or children, managing the family home, passing on a business or a shareholding. But it must be done with awareness, because the matter of succession is complex, and the consequences of a poorly drafted will may only emerge when it is too late.
In the video, Notary Maria Teresa Pelle explains in simple terms what the law provides and what the main forms of will are.
What is intestate succession
Intestate succession applies when a person dies without leaving a will. In this case, it is not the heirs or the family who decide: the estate is distributed according to the categories of heirs established by the Civil Code.
This framework is designed to provide a uniform answer to all cases where no express wishes have been left. But precisely because it is general, it may not correspond to what the person would actually have wanted.
The will: providing otherwise than the law prescribes
With a will, you can dispose of your assets differently from what intestate succession provides. The two main forms are:
- Holographic will: the form in which the testator is entirely in charge. They write it, date it and sign it wholly in their own hand.
- Public will: drawn up by the notary in the presence of two witnesses.
The testator is free to choose whichever form they prefer. In any case, it is always advisable, as well as essential, to have all the right information in order to draft the will in the best possible way.
Do you have a specific case to assess? Our firm is at your disposal: request a quote.
The information on this page is of a general nature and does not replace personalised notarial advice.
