Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
This depends on the nationality of the deceased . The law which applies to the succession is the law of the country whose nationality the deceased had at the time of his/her death. Italian law allows derogations from this rule and a testator can designate the laws of the State where he/she has his/her habitual residence to govern his/her succession.
Detailed information
The applicable law is the national law of the deceased, but it must be taken into consideration that the national law can refer to Italian law or to another law (Articles 46 and 13 p.i.l.).
The testator can choose the law of his/her country of residence, provided that he/she lives in the same country at the time of death (Art. 46 p.i.l.). For the succession of an Italian citizen, the choice does not affect the rights of persons entitled to the reserved portion living in Italy when the succession is opened.
What are the main international agreements in force?
The Basel Convention of 16 May 1972 on the establishment of a scheme of registration of wills.
The Italian-Turkish Convention of 9 September 1929
The Italian-Suisse Convention of 22 July 1868
