Types of Italian Wills: Holographic, Public and Secret — Differences and How to Choose

Italian law provides three ordinary forms of will, each with different formal requirements, advantages and practical implications. For foreign nationals who own assets in Italy — real estate, bank accounts, business interests — understanding which type of will is available and appropriate is a prerequisite for effective estate planning. The choice of will form can affect the will’s legal robustness, its discoverability after death, and whether it will be recognised in other countries where the testator also holds assets.

This article provides a complete overview of the three ordinary will forms under Italian law, their formal requirements, their respective advantages and limitations, and the considerations that should guide the choice between them for foreign testators. For a broader overview of Italian succession law and how Italian wills interact with international succession rules, see our article on Italian wills and testamentary succession. For direct legal assistance, see our page on Italian inheritance law for international clients.

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What a Will Is Under Italian Law

Under Article 587 of the Italian Civil Code, a will is a revocable act by which a person disposes, for the time after their death, of all or part of their assets. Several essential characteristics follow from this definition:

• Personal act: a will can only be made by the testator personally — it cannot be made by a representative or attorney acting on the testator’s behalf, and Italian law expressly prohibits joint wills made by two or more persons in a single document
• Revocable until death: the testator can modify or revoke a will at any time before death. A later will generally revokes an earlier one to the extent they are inconsistent
• Takes effect at death: the will produces no legal effects during the testator’s lifetime. The testator retains full ownership and control of all assets until death
• Subject to forced heirship: the testator’s freedom to dispose of assets by will is limited by Italian forced heirship rules, which reserve a minimum share of the estate for certain close relatives (spouse, children, parents). A will that infringes on these reserved shares does not become void, but can be challenged by the protected heirs

In the absence of a valid will, Italian law governs the distribution of the estate through intestate succession under Article 565 of the Civil Code, which distributes the estate among the spouse, descendants, ascendants, collateral relatives and — where no family members exist — the Italian State, in a defined order of priority.

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The Holographic Will (Testamento Olografo) — Art. 602 Civil Code

Formal Requirements

The holographic will is the simplest form of Italian will to make — it requires no notary, no witnesses and no external involvement. To be valid under Article 602 of the Civil Code, it must meet three cumulative requirements:

• Entirely handwritten (olografia): the entire text must be written by hand, in the testator’s own handwriting, without the use of any mechanical means (typing, printing, dictation software, photocopying). Guidance of the testator’s hand by another person, even partial, invalidates the will’s holographic character — as confirmed by Court of Cassation Ordinance No. 5505 of 6 March 2017
• Dated: the will must include the date — day, month and year — of drafting
• Signed: the testator’s signature must appear at the end of the provisions. If space is insufficient, a marginal signature may be used. A signature inserted in the middle of the provisions invalidates only the provisions written after it, unless those provisions are fully autonomous

An implicit prerequisite is literacy: a person who cannot read and write, or who copies text without understanding its meaning, cannot make a valid holographic will.

Advantages

• Can be drafted at any time, on any medium, without any formalities or costs
• Maintains complete confidentiality — only the testator needs to know of its existence
• Can be modified or revoked at any time by drafting a new version or by destroying the original

Limitations

• If not deposited with a notary or communicated to a trusted person, the will may not be found after the testator’s death
• A person who finds a holographic will but does not wish to disclose it could suppress or destroy it — the testator has no guaranteed way to ensure the will reaches the intended beneficiaries
• A privately held holographic will is not registered in the General Register of Wills (Registro Generale dei Testamenti), making it impossible for heirs to search for it through official channels — unlike wills deposited with a notary
• Without professional assistance in drafting, holographic wills are more prone to ambiguities, formal defects and disputes than notarial wills

Deposit and Registration

A holographic will can be deposited with a notary for safekeeping. The notary will register it in the General Register of Wills and keep it securely until after the testator’s death. This eliminates the discoverability and suppression risks while preserving the confidentiality of the content during the testator’s lifetime — only after the testator’s death can the will be opened and its contents disclosed.

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The Public Will (Testamento Pubblico) — Art. 603 Civil Code

Formal Requirements

The public will is drafted by a notary in the presence of two witnesses. The testator declares their intentions to the notary, who transcribes them into a formal notarial deed. The will is then read aloud to the testator and the witnesses, and all parties — testator, notary and witnesses — sign the document. The original deed is retained in the notary’s archive; a copy is transmitted to the Notarial Archive, and the will’s existence is registered in the General Register of Wills.

Advantages

• Drafted by a legal professional, ensuring legal validity and clarity of expression
• The notarial deed has the evidentiary value of a public document — its authenticity and content can only be challenged through a formal querela di falso (forgery challenge) before a court
• Automatically registered in the General Register of Wills, ensuring discoverability by heirs after death
• The only option where the testator cannot write — for example, due to illness, disability or illiteracy
• Significantly reduces the risk of disputes over validity, as the notary verifies the testator’s identity, capacity and free will at the time of signing

Limitations

• The notary and witnesses are present during drafting — the will is not confidential in the same way as a holographic will, though notarial secrecy obligations apply
• Involves notarial fees
• Requires scheduling an appointment with a notary and attending in person (or arranging for the notary to attend the testator’s location if the testator is incapacitated)

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The Secret Will (Testamento Segreto) — Art. 604 Civil Code

Formal Requirements and Process

The secret will combines elements of both the holographic and public forms. It is intended for testators who want professional safekeeping and certainty about the will’s preservation, but who also want to keep the content absolutely confidential — even from the notary.

Under Article 604 of the Civil Code, the document itself can be written by the testator or by a third party, by hand or by mechanical means, provided it is signed by the testator. The testator then seals the document and delivers it to a notary in the presence of two witnesses, declaring that the sealed package contains their will. The notary writes a receipt on the package (or on a separate sheet sealed inside it). The content of the will is never read or verified by the notary.

Advantages and Limitations

The secret will offers maximum content confidentiality combined with professional safekeeping. However, it is the most procedurally complex of the three forms and is rarely used in practice. The confidentiality goals it pursues can generally be achieved more simply by depositing a holographic will with a notary — which provides the same content secrecy with fewer formalities.

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Special Forms: The International Will and Emergency Wills

The International Will

Italy adhered to the Washington Convention of 26 October 1973 through Law No. 387 of 1990, introducing the international will as a fourth option alongside the three ordinary forms. The international will is designed to be recognised in all signatory countries without the need for separate authentication or legalisation procedures in each country.

To be valid as an international will, the document must be in writing, presented to an authorised person (typically a notary) and two witnesses, declared by the testator to be their will, and signed by the testator in the presence of the authorised person and witnesses. The authorised person attaches a certificate confirming compliance with these formalities.

The international will is particularly useful for foreign testators with assets in multiple countries. For further information, see our article on international succession involving Italy.

Emergency (Special) Wills

Italian law also provides for emergency wills in exceptional circumstances — public calamities, contagious diseases, or situations where normal testamentary formalities are impossible. In these cases, declarations of testamentary intent can be made before a public official (such as a justice of the peace or mayor) without the standard formalities. Emergency wills are exceptional and temporary — they expire after a period if not replaced by a will in ordinary form.

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Comparison of the Three Ordinary Will Types

Feature	Holographic	Public	Secret
Notary required	No (optional deposit)	Yes	Yes (for receipt only)
Witnesses required	No	Yes (2)	Yes (2)
Must be handwritten	Yes (entirely)	No	No
Content confidential	Yes	No	Yes
Registered in General Register	Only if deposited with notary	Yes (automatically)	Yes (automatically)
Available if testator cannot write	No	Yes	No (partial)
Cost	None (unless deposited)	Notarial fees	Notarial fees
Risk of suppression	Higher (if not deposited)	None	Low
Frequency of use in practice	Most common	Common	Rare

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Which Type Should a Foreign National Choose?

For foreign nationals with assets in Italy, the choice of will form should be made in light of several considerations:

• If you want maximum legal certainty and protection from disputes: the public will is the strongest form. The notary’s involvement verifies your identity, capacity and intentions, and the notarial deed is the hardest to challenge
• If you want to maintain content confidentiality: a holographic will deposited with a notary combines confidentiality with the security and discoverability of notarial registration
• If you have assets in multiple countries: consider an international will, which is recognised in all Washington Convention signatory countries without further legalisation. This avoids the need for separate wills in each country and the risk of inconsistent provisions
• If you choose the professio iuris option under EU Regulation 650/2012 to designate Italian law (or the law of your nationality) as governing your entire succession: the designation should be made expressly in the will — a public will or international will drafted with a notary is the most reliable format for this

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Frequently Asked Questions

Can I make an Italian will if I am a foreign national?

Yes. Any person who is legally capable — regardless of nationality — can make a will under Italian law disposing of assets located in Italy. The formal requirements described above apply to all testators, whether Italian or foreign nationals.

Is an Italian will also valid in my home country?

Italian wills may be recognised in other countries under the applicable private international law rules or treaties. Under the Hague Convention of 5 October 1961 on the conflicts of law relating to the form of testamentary dispositions, a will made in accordance with the law of any of the signatory countries — including Italy — is formally valid in all other signatory countries. However, the substantive effect of the will (including who can inherit and in what proportions) may still be subject to the forced heirship rules of another country that has jurisdiction over the succession.

What happens if I have two wills — one Italian and one in my home country?

Multiple wills from different countries can coexist, but they must be drafted carefully to avoid conflicts. A later will generally revokes earlier testamentary provisions to the extent they are inconsistent. To avoid unintended revocations, each will should clearly specify which assets or jurisdictions it covers. Professional legal advice in both countries is essential when managing multi-jurisdictional testamentary planning.

If I make a holographic will and then cannot be found after my death, what happens?

If no will is found, Italian succession law treats the estate as intestate and distributes it according to the statutory rules. A holographic will that is lost, destroyed or suppressed after the testator’s death produces no legal effects. Depositing the holographic will with a notary — and registering it in the General Register of Wills — is the most reliable way to ensure it can be found and executed after death.

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Request an Initial Legal Assessment

If you are a foreign national with assets in Italy and wish to make or review a will under Italian law, contact our Italian inheritance lawyer to request an initial legal assessment. We will advise on the most appropriate will form and how to coordinate it with any international succession planning requirements.