Hi everyone My father has recently passed away and there is some questions over whether his Italian will is valid (He left a share in a property in Le Marche and also an Italian bank account). My husband and I are coming out to Montefiore dell As
My father has recently passed away at the hospice in Fermo. His partner has obtained an Italian death certificate but I am trying to obtain an English translation as I am his executor and sole beneficiary living in the UK.
Charlotte Thanks I think you have confirmed what I was afraid of. Luckily enough I have managed to track down my father's English will which was lodged here in the UK. I will use this for Grant of Probate as I am the Executor in this will as well as the Italian one. As I understand it above, I can also use this in Italy. I presume I find a Notary and go from there. Am not inclined to use the one that my father had so is there any way of finding one that speaks some English? My father lived in Montiefiore dell Aso in Le Marche. The most difficult thing is doing this from the UK as I can't keep travelling backwards and forwards. Under better circumstances you could do so much over the internet. Once again thank you so much for all your help. It has been much appreciated at a difficult time for me. I hope you won't mind me contacting you again if some other crisis occurs. Kind Regards Jackiep
Charlotte My apologies that I did not make it clear that my father died in Italy where he has resided for some years. He has some money in the UK and we will have to apply for Grant of Probate to deal with that (although I have not yet been able to find out whether his Italian will has any validity in the UK. He did have an English will made some time ago but states in his Italian will that this supercedes any earlier wills made by him so I presume that now invalidates the English one ). As for his Italian estate (i.e. his 40% of the house and his Italian bank account) do I understand that I just ask the Notary to "publish the will". However as I said previously, the will is not handwritten but typed and then signed by my father. The codicil is also typed and then signed by my father and that document has been witnessed by 2 people. I am unclear whether the fact that both these documents are typed and not handwritten (although the Notary oversaw the drawing up of both documents and told both my father and his partner that a typed copy was ok) invalidates them in Italian law. The Notary has no copies himself and has only been involved in an advisory role. Sorry if I seem to be asking the same question but just want to make sure I fully understand what I need to do. Your help is invaluable as I really don't know where else to turn to. Kind Regards JackieP
Hi Charlotte That has been so helpful. I have checked my father's will and he doesn't mention which country he wants the succession to be dealt in. I think he just assumed as I was living in England that it would be dealt with here. As far as the house is concerned, there was a legal document drawn up when the property was built that my father's partner owned 60% and my father owned 40%. She has no claim on the 40% that was my father's and doesn't wish to make one. She is left a percentage sum of money from his estate in his letter of wishes. I am a little concerned because the copies I have at the moment are typed up. My father was very shaky at the end and unable to write well so the Notary said it would be ok if it was typed up. I hope this will be ok. I don't have any signed copies here in the UK but will get them sent over from Italy and then apply for Grant of Probate as you have suggested. Kind Regards Jackie P
Hi Charlotte Have written out a post but computer crashed so not sure it went so will try again. My Father died in August leaving a hand-written Will (in English) and what he called a "Letter of Wishes" but what I think may be called a codicil. The will names me a sole heir and Executor and the L of W asks me to divided the Estate up between his other child, my brother, and our children plus some money going to his partner. He has a small amout in an Italian Bank Account and 40% of a property jointly owned with his partner. He stipulated that the house not be sold until his partner is ready to move (which I am fine with). However, do I need to lodge my interest in his share in some way? I have been told through a third party that I have a year to do this and I would need an English Grant of Probate. I about to see if his Italian Will is valid in the UK for this purpose. I am completely out of my depth as do not speak any Italian and can only make trip spasmodically. I am going out to Le Marche in October but will not be able to go out again until next Spring. Is there anything I should be doing during my October trip. Apologies if you have received this twice but I would be so grateful for any help and advice you can give me. Regards Jackie P
Hi Ram Thanks that's what I thought but have been told that law has changed and you now have a year. Will need to find out for sure because my husband and I are going over in October but then won't be out there again until next spring. Kind Regards JackieP
Hi Am new member living in the UK but with a relative who has left property to me in Italy. I would very much appreciate help and would like to join this new groun. Regards Jackie P
Hi Ram Sorry for the delay in writing back. My father's partner does not believe I need to do anything until she sells the house but I have read somewhere that I need to declare my interest in the 40% that my father owned within 6 months. My husband and I are going out to Montefiore in October so would be grateful if you had any advice you could give as to what we should consider doing. Regards Jackie P
Thanks Gala Have managed to get a multi lingual cert from the Montefiore Commune (where my father lived) and so far this has been accepted in the UK. Sorry for the delay in writing back to you, but a new grandson has arrived and computer time has been on the back burner. Kind Regards Jackie
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Hi everyone Many thanks for your help. Will look into those suggestions further. Kind Regards JackieP
Charlotte Thanks I think you have confirmed what I was afraid of. Luckily enough I have managed to track down my father's English will which was lodged here in the UK. I will use this for Grant of Probate as I am the Executor in this will as well as the Italian one. As I understand it above, I can also use this in Italy. I presume I find a Notary and go from there. Am not inclined to use the one that my father had so is there any way of finding one that speaks some English? My father lived in Montiefiore dell Aso in Le Marche. The most difficult thing is doing this from the UK as I can't keep travelling backwards and forwards. Under better circumstances you could do so much over the internet. Once again thank you so much for all your help. It has been much appreciated at a difficult time for me. I hope you won't mind me contacting you again if some other crisis occurs. Kind Regards Jackiep
Charlotte My apologies that I did not make it clear that my father died in Italy where he has resided for some years. He has some money in the UK and we will have to apply for Grant of Probate to deal with that (although I have not yet been able to find out whether his Italian will has any validity in the UK. He did have an English will made some time ago but states in his Italian will that this supercedes any earlier wills made by him so I presume that now invalidates the English one ). As for his Italian estate (i.e. his 40% of the house and his Italian bank account) do I understand that I just ask the Notary to "publish the will". However as I said previously, the will is not handwritten but typed and then signed by my father. The codicil is also typed and then signed by my father and that document has been witnessed by 2 people. I am unclear whether the fact that both these documents are typed and not handwritten (although the Notary oversaw the drawing up of both documents and told both my father and his partner that a typed copy was ok) invalidates them in Italian law. The Notary has no copies himself and has only been involved in an advisory role. Sorry if I seem to be asking the same question but just want to make sure I fully understand what I need to do. Your help is invaluable as I really don't know where else to turn to. Kind Regards JackieP
Hi Charlotte That has been so helpful. I have checked my father's will and he doesn't mention which country he wants the succession to be dealt in. I think he just assumed as I was living in England that it would be dealt with here. As far as the house is concerned, there was a legal document drawn up when the property was built that my father's partner owned 60% and my father owned 40%. She has no claim on the 40% that was my father's and doesn't wish to make one. She is left a percentage sum of money from his estate in his letter of wishes. I am a little concerned because the copies I have at the moment are typed up. My father was very shaky at the end and unable to write well so the Notary said it would be ok if it was typed up. I hope this will be ok. I don't have any signed copies here in the UK but will get them sent over from Italy and then apply for Grant of Probate as you have suggested. Kind Regards Jackie P
Hi Charlotte Have written out a post but computer crashed so not sure it went so will try again. My Father died in August leaving a hand-written Will (in English) and what he called a "Letter of Wishes" but what I think may be called a codicil. The will names me a sole heir and Executor and the L of W asks me to divided the Estate up between his other child, my brother, and our children plus some money going to his partner. He has a small amout in an Italian Bank Account and 40% of a property jointly owned with his partner. He stipulated that the house not be sold until his partner is ready to move (which I am fine with). However, do I need to lodge my interest in his share in some way? I have been told through a third party that I have a year to do this and I would need an English Grant of Probate. I about to see if his Italian Will is valid in the UK for this purpose. I am completely out of my depth as do not speak any Italian and can only make trip spasmodically. I am going out to Le Marche in October but will not be able to go out again until next Spring. Is there anything I should be doing during my October trip. Apologies if you have received this twice but I would be so grateful for any help and advice you can give me. Regards Jackie P
Hi Ram Thanks that's what I thought but have been told that law has changed and you now have a year. Will need to find out for sure because my husband and I are going over in October but then won't be out there again until next spring. Kind Regards JackieP
Hi Am new member living in the UK but with a relative who has left property to me in Italy. I would very much appreciate help and would like to join this new groun. Regards Jackie P
Hi Ram Sorry for the delay in writing back. My father's partner does not believe I need to do anything until she sells the house but I have read somewhere that I need to declare my interest in the 40% that my father owned within 6 months. My husband and I are going out to Montefiore in October so would be grateful if you had any advice you could give as to what we should consider doing. Regards Jackie P
Thanks Gala Have managed to get a multi lingual cert from the Montefiore Commune (where my father lived) and so far this has been accepted in the UK. Sorry for the delay in writing back to you, but a new grandson has arrived and computer time has been on the back burner. Kind Regards Jackie