The legal profession allows foreign citizens to choose their own country's law for succession, including for Italian assets. But only if the clause is written as currently required by Italian practice.
A British citizen buys a villa in Tuscany. He has a will drawn up in London, updated and clear, leaving everything to his second wife, excluding the children from his first marriage. Upon his death, his children challenge the will. And in Italy, they have a good chance of winning over Italian assets.
The reason is that Italian inheritance law provides for a legitimate portion: a portion of the estate reserved by law for certain family members—namely, spouse, children, and, in the absence of children, ascendants—that the testator cannot freely dispose of. A will that infringes upon the legitimate portion can be challenged with an action for reduction.
English law does not recognize this institution. Testamentary freedom, in principle, allows for free disposal. However, when the assets are in Italy, the issue is not resolved in the United Kingdom.
EU Regulation 650/2012: the rule and exception of professio iuris
Regulation 650/2012, known as Brussels IV, has been applicable since 17 August 2015 and regulates cross-border successions in all Member States except Denmark and Ireland.
The general rule is this: succession is governed by the law of the State in which the deceased had his habitual residence at the time of death.
Direct consequence: a British citizen habitually resident in Italy at the time of death sees his or her entire estate, including assets located in the United Kingdom within the operational limits, governed by Italian law. With the Italian legitimate share.
The exception: the Regulation allows the testator to expressly choose the law of his or her country of citizenship to govern the entire succession. This is the legal profession.
The choice must be exercised expressly and in writing, in a disposition upon death or in a declaration with the formal requirements of a testamentary disposition.
The point that is changing: the severity of the form of the professio iuris
And this is where the 2026 practice deserves special attention.
International legal experts report that Italian notaries and courts have become significantly more stringent regarding the clarity of the choice-of-law clause. Vague, implied, or general references to a foreign law are no longer considered sufficient to override the Italian statutory right.
The clause must be explicit, meaning it must unequivocally indicate the chosen law. It must be informed, meaning it refers to the law of the testator's country of citizenship. And it must be formally valid, contained in a will or a declaration that meets the formal requirements of a disposition of property upon death.
An English will that doesn't contain an express and formally correct choice of law doesn't activate the profession of law. And if the deceased habitually resided in Italy, Italian law applies to his or her assets, with the legitimate portion.
Why do you need an Italian will?
The profession of law can technically be exercised in any valid testamentary disposition. However, an Italian will, whether public or holographic, and in any case received or deposited with an Italian notary, offers significant operational advantages.
Avoid the probate process. Italian assets are transferred through the Italian succession declaration, without the need to first complete a foreign probate process and have it recognized in Italy.
Registration in the General Register of Wills. The will received or deposited by the Italian notary is registered in the National Register, ensuring that it will be available upon the opening of the estate. A will held in a London law firm may not be readily available.
Clarity on applicable law. An Italian will drawn up with the assistance of a notary public contains a profession of law clause drafted according to the standards required by Italian practice.
Coordination with the foreign will. This isn't about replacing the existing will, but coordinating it: two wills governing separate estates, without implied mutual revocation clauses. This is a technical task that requires attention, because a subsequent will with a general revocation clause could inadvertently override the previous one.
The European Certificate of Succession
A tool often underestimated by international customers.
The European Certificate of Succession, introduced by the same EU Regulation 650/2012 and issued in Italy by a notary, allows heirs and executors to demonstrate their status and powers in all member states of the Union without having to activate local recognition procedures.
For an inheritance involving assets in Italy, France, and Germany, the Certificate replaces three national procedures with a single document.
The Spinaci Notary Office assists international clients in drafting Italian wills coordinated with foreign wills, in the practice of law, in inheritance declarations, and in issuing the European Certificate of Succession. Notary Federica Spinaci speaks both Italian and English.
For confidential advice, please contact us at +39 06.807.0943, spinaci@notariato.it, or use the contact form on the notaiofedericaspinaci.it website.
