Why DIY Solutions For Italian Inheritance Can Cost You More Than You Think

It often happens.
A family moving to Italy, excited about their new life, asks around for advice on wills and succession planning. They might speak to their local banker or a friend who “knows how things work”. The suggestions sound simple enough — draft a will back home, put both names on the deed, and you’ll be fine.

But…

Italian succession law has strict rules on the quota legittima — the mandatory shares of inheritance reserved to close family members. This often clashes with the wishes of blended families who want to divide assets equally among children from different relationships, or who want to ensure the surviving spouse is fully protected.

Without proper planning, the surviving spouse may find themselves in conflict with children, facing financial pressure to sell the family home or pay out heirs.

Friends are friends and it is important to be surrounded by them, but inheritance law is not always their field. Advice like “just make an international will under your home country’s law” might sound reassuring, but it ignores key legal issues. For example:

1. Which law actually applies? Under EU Regulation 650/2012, the law governing succession is usually that of the deceased’s habitual residence — not necessarily the law of their citizenship.

2. Australian (or U.S. or Canadian or whatever) marital property regimes don’t automatically translate under Italian law. What counts as “joint” or “separate” can change when assets are located in Italy.

3. Usufruct vs. ownership. Granting a spouse lifetime usufruct over property requires careful drafting to avoid disputes and ensure the surviving spouse’s rights are truly protected.

A simple will written abroad, even if valid back home, may not stand up in Italy. Worse, it could lead to months of delays, extra legal fees, and family conflict.

Every family situation is unique — especially when multiple citizenships, cross-border assets, and different legal systems are involved. That’s why personalised legal advice is essential.
Inheritance planning in Italy isn’t about filling in a template or relying on “what worked for someone else”. It’s about understanding the law as it applies to your family, your assets, and your future.

Before making decisions that could affect your loved ones for decades, make sure you get proper legal guidance. The peace of mind is worth far more than the short-term comfort of an easy answer.

This article is for general information only and does not constitute legal advice.

If you would like assistance with inheritance planning in Italy, please contact us.

In collaboration with Antonio Strangio, expert in International Wills and Testaments.

To know more about wills and testaments, click here

Barbara De Benedittis Relocation and Legal in Italy