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Inheritance & wills in Italy

Italian Civil Code (Codice Civile) Book II imposes Legittima (forced-heirship) — children, spouse and ascendants reserve a substantial portion of the estate. Sharia faraid not recognised. EU Succession Regulation 650/2012 allows election of nationality's law.

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Italyand a scholar familiar with your madhhab.

How inheritance works

Italian Civil Code (Codice Civile) Book II imposes Legittima (forced-heirship) — children, spouse and ascendants reserve a substantial portion of the estate. Sharia faraid not recognised. EU Succession Regulation 650/2012 allows election of nationality's law.

What makes a will valid

Three forms: olografo (handwritten, dated, signed), pubblico (notarial with 2 witnesses), or segreto (sealed and deposited with a notary).

Registration & where to lodge

Registro Generale dei Testamenti at the Ministero della Giustizia.

Witness rules

Testamento pubblico (open notarial): 2 adult witnesses + notary — witnesses must be non-beneficiaries, have full civil capacity, and understand Italian. Testamento segreto (sealed): 2 witnesses + notary at delivery. Testamento olografo (handwritten): no witnesses required at drafting; validity established at probate through handwriting analysis (Cass. 12649/2018).

Zakat in Italy

Collecting authority
Unione delle Comunità Islamiche d’Italia (UCOII) · Centro Islamico Culturale d’Italia
Tax relief
Donations to ONLUS / ETS organisations deductible at 30% (capped €30K) or as a 19% tax credit.
Maximum relief
€30,000 / year (deduction track)
Notes
UCOII coordinates national Zakat distribution drives; Centro Islamico Culturale Roma is the largest single channel.

Forced heirship & statutory overrides

Legittima — children collectively reserved 1/2 to 2/3 + a 1/4 share for the spouse (cumulative cap of 3/4). Cannot be overridden.

Probate / execution after death

Tribunale Civile + Agenzia delle Entrate handle estate transition.

Scholar notes

Predominantly Maliki via Moroccan + Tunisian communities, Hanafi via Albanian + Turkish communities. UCOII coordinates national fatwa positions.

Common pitfalls

  • Legittima is non-derogable — approximate faraid via lifetime gifts (donazioni) and Article 22 EU Succession Reg. election.
  • Holographic will validity — keep the original safely; copies are not admissible.

Official authorities & registries

FAQ — Islamic will & inheritance in Italy

  • Is Islamic inheritance (faraid) legally recognised in Italy?

    Italian Civil Code (Codice Civile) Book II imposes Legittima (forced-heirship) — children, spouse and ascendants reserve a substantial portion of the estate. Sharia faraid not recognised. EU Succession Regulation 650/2012 allows election of nationality's law.

  • What makes an Islamic will (Wasiyyah) legally valid in Italy?

    Three forms: olografo (handwritten, dated, signed), pubblico (notarial with 2 witnesses), or segreto (sealed and deposited with a notary).

  • Where do I register my will in Italy?

    Registro Generale dei Testamenti at the Ministero della Giustizia.

  • Does Italy have forced-heirship rules that override an Islamic will?

    Legittima — children collectively reserved 1/2 to 2/3 + a 1/4 share for the spouse (cumulative cap of 3/4). Cannot be overridden.

  • How does probate work in Italy?

    Tribunale Civile + Agenzia delle Entrate handle estate transition.

  • How many witnesses do I need for a will in Italy?

    Testamento pubblico (open notarial): 2 adult witnesses + notary — witnesses must be non-beneficiaries, have full civil capacity, and understand Italian. Testamento segreto (sealed): 2 witnesses + notary at delivery. Testamento olografo (handwritten): no witnesses required at drafting; validity established at probate through handwriting analysis (Cass. 12649/2018).

  • What are the most common Islamic-will pitfalls in Italy?

    Legittima is non-derogable — approximate faraid via lifetime gifts (donazioni) and Article 22 EU Succession Reg. election. Holographic will validity — keep the original safely; copies are not admissible.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.