International Wills and Cross-Border Succession

How to avoid conflicts of law, inheritance blockages, and disputes among heirs

Updated: April 2026

An increasing number of successions involve an international element: habitual residence abroad, second homes in other EU countries, bank accounts and investments held with foreign banks, families with different nationalities, and heirs resident in different States. In such cases, a “standard” will drafted solely with Italian law in mind may create uncertainty as to the applicable law, lead to longer procedures, parallel proceedings, and, often, disputes among heirs.

This update provides an operational guide to structuring an international will and a cross-border succession correctly, with essential references to the EU legal framework and practical tools, in order to avoid errors that may freeze assets, bank relationships, and succession proceedings.

1) The legal framework: Regulation (EU) No. 650/2012

For most cross-border successions within the European Union, the relevant instrument is Regulation (EU) No. 650/2012, which determines:

• the law applicable to the succession;

• jurisdiction and the competence of authorities;

• the operation of the European Certificate of Succession (ECS).

The general rule is habitual residence. As a general rule, the succession is governed by the law of the State in which the deceased had their habitual residence at the time of death. This is often the point that surprises those who assume that nationality automatically determines the applicable law.

Choice of law: professio iuris

The Regulation allows a testator to choose, in the will, the law of the State of which they are a national, through the so-called professio iuris. This is a highly significant choice, as it may reduce uncertainty and prevent conflicts between different legal systems. However, it must be assessed on a case-by-case basis, because it affects the position of forced heirs and the overall structure of the succession.

It should also be noted that the Regulation applies in the participating Member States, with the exclusion of Denmark and Ireland. Where assets or residence are located in non-EU States, the planning exercise must be approached with even greater care.

2) The most common mistake: “I am Italian, therefore Italian law applies”

In cross-border succession matters, nationality alone is not enough. If habitual residence is abroad, the applicable law may be that of the country of residence, with consequences for:

• forced heirship rights and reserved shares;

• the validity of legacies and testamentary dispositions;

• estate administration tools;

• timelines and procedures for asset transfer.

The correct approach, where appropriate, is to assess professio iuris in order to stabilise the applicable law and reduce the scope for disputes.

3) Will formalities and recognition abroad: the 1961 Hague Convention

Alongside the issue of applicable law, there is also the question of will formalities in international contexts. The Hague Convention of 5 October 1961 on the form of testamentary dispositions broadens the possibilities for formal validity in cross-border situations.

In practical terms, a will may be formally valid if its form complies with the internal law of one of the connecting factors listed by the Convention, such as the place where the will was made, the testator’s nationality, domicile, or habitual residence.

In other words, it is not always enough to have a will. It must also be a will that can withstand formal scrutiny and challenges in another State.

4) The practical accelerator: the European Certificate of Succession

The European Certificate of Succession is used, in the participating Member States, to prove the status and powers of:

• heirs;

• legatees;

• executors;

• estate administrators.

In practice, it may reduce friction in relation to:

• the release of bank accounts;

• title transfers and registrations;

• the management of assets located in several States.

It does not always eliminate local formalities, but it often reduces delays and formal objections.

5) The issue that most often leads to disputes: forced heirship and reserved shares

Disputes often arise here: wills that assume absolute freedom of disposition but clash with:

• forced heirship and the protection of reserved heirs under Italian law;

• equivalent or different foreign rules;

• heirs resident abroad who initiate parallel proceedings.

In cross-border succession planning, it is therefore essential to consider:

• who the forced heirs are;

• where they are resident;

• which law applies;

• how to structure the estate in a way that reduces the risk of challenge.

6) Multiple wills: when they help and when they become a risk

In some cases, it may be considered useful to prepare multiple testamentary instruments, for example in relation to assets located in different States. This is a delicate option: it may be helpful, but it also increases the risk of:

• unintended revocation of a prior will;

• inconsistencies between dispositions;

• disputes over which document prevails.

If multiple wills are used, they must be coordinated with great precision, clearly delineating the assets covered, avoiding overlap, and ensuring overall consistency of the instruments.

7) Quick checklist: do I need an international will?

If at least one of the following applies, the testamentary and succession structure should be reviewed:

• habitual residence outside Italy, whether current or likely;

• real estate in more than one State;

• bank accounts or securities held with foreign banks;

• dual nationality or a family with different nationalities;

• heirs resident abroad;

• digital assets or critical access credentials;

• blended family structures, children from different relationships, or potential conflicts.

8) Why acting early matters

Many families only discover the issue when:

• a foreign bank freezes transactions and requests documents that do not fit the Italian probate process;

• foreign real estate cannot be transferred without additional procedures;

• heirs are unable to coordinate and litigation begins.

A proper arrangement made before succession opens can:

• reduce release timelines;

• limit room for challenge;

• avoid duplicated procedures and unnecessary costs.

How we can help

An effective international will is not a template copied from elsewhere; it is a legal project that coordinates applicable law, form, asset structure, and the execution plan, including documentation, the European Certificate of Succession, translations, and cross-border liaison.

Studio Legale Rosano can assist with:

• analysis of habitual residence and relevant connecting factors;

• assessment and drafting of professio iuris;

• coordination of assets located in multiple States and reduction of litigation risk;

• practical structuring of the succession process, including ECS, documentation, and banking and real estate transfers.

If you have assets or residence in more than one country, the best time to put everything in order is before the estate becomes blocked.

06/05/2026