Future Planning: The Importance of a Will

Often, succession planning is considered useful only in the case of large and complex estates.

In reality, it is a fundamental tool for the protection of assets and family interests, generally applicable to everyone.

Through a will, a person may clearly establish how their assets are to be distributed, within the limits provided by law.

In Italy, both the Civil Code and other legal provisions regulate the succession of Italian citizens.

Non-Italian citizens who are resident in Italy may also choose to draft a will under Italian law, pursuant to Article 587 and the following provisions of the Italian Civil Code.

Under Italian law, in the absence of a will, intestate succession automatically applies (Articles 457 and following of the Civil Code), whereby the estate is distributed according to criteria predetermined by the legislator.

Although this mechanism ensures continuity in the transfer of assets, it may not reflect the actual needs of the family or more complex personal circumstances.

Italian law protects forced heirs — namely the spouse and children and, in the absence of children, the ascendants — by recognizing them reserved shares of the estate pursuant to Articles 536 and following of the Civil Code.

Through a will, however, the testator may freely dispose of their assets within the limits of the disposable portion. It is precisely within this sphere of autonomy that effective and strategic estate planning is carried out.

Proper succession planning helps reduce the risk of disputes among heirs, which may otherwise result in lengthy and costly litigation.

Furthermore, it allows consideration of specific circumstances (such as cohabitation) and enables the careful management of corporate holdings, real estate, shares, and family assets.

A will must be drafted in compliance with the legal requirements, avoiding errors — even minor ones — that could render it null and void.

It is therefore advisable to consider the importance of a will and to entrust its drafting to a qualified professional in order to avoid adverse consequences.

Milano, 26.02.2026

Avv. Giovanni Babino