Studio Legale Bottino

WILLS DRAWN UP IN FOREIGN LANGUAGES

The will drawn up in foreign languages dutifully publishable.

If the notary knows the foreign language, you can play the content in its original language and attach to the report a translation performed by a notary itself in accordance with artt. 55 of Law of Notary and paragraph 68 2 .; where the language is not known by the notary, it si necessary inevitably must attach a translation done by a surveyor nominated and if it is also extremely difficult to reproduce the contents of the card because it expressed with graphic characters of arduous transcript (Arabic, Cyrillic, Chinese, etc.), it can reset (instead of the original text) the text of the translation made by the expert and annexed to the report.

It is possible  in any case provide for the publication of the holographic will, even though it is a invalid according to Italian legislation but should be considered valid according to other legislation (for example the will drawn up with intervention and two witnesses written in England and made in English, maybe from a national Italian resident therein)

For this purpose puts account noted that pursuant to art. 48 of our private international law Law No. 218/95 “The will is valid, as to form, if it is considered that the law of the State in which the testator has disposed, or by the law of the State of which the testator, at the time of the will or of death, was a citizen or the law of the State in which he had domicile or residence.”

Notes: as indicated in [Note regarding Holograph], in commentary on the ruling Cass. CIV. (High Court) section II, December 28, 2009, # 27395, in Giur. En., 2010, 7 4 on point v. Cabral, succession in private international law, Milano, 2007, 111

Avvocato Carlo Bottino