Notary for Wills in Naples: Public or Holographic Will, Costs and Forced Share

📅 Published 14 September 2026🔄 Updated 17 September 2026🇮🇹 Versione italiana

Making a will is not something only for the elderly or the wealthy: it is the simplest way to decide today how your affairs will be settled, and to spare your family disputes and uncertainty. You can write one by hand in ten minutes, or dictate it to the notary in front of two witnesses; you can change it as many times as you like. Here you will find the differences between a public will and a holographic (handwritten) will, and what each costs. You will also find what the law says about the forced share, and how the appointment works at the office or in an online consultation.

What does the office do for your will?

The work starts before the signing: we listen to what you want to achieve (protecting a spouse’s right to stay in the home, providing for a child with a disability, leaving something to a partner or a charity, avoiding disputes between siblings over the house). Then we check that it fits within the forced-share rules. Then we suggest the right tool: a public will, which we receive with two witnesses, keep at the office and record with the General Register of Wills, so that after death anyone can find out it exists. Alternatively, a holographic will that you write yourself, perhaps from a draft we read together, which you can deposit with us so it is not lost. On death, we take care of the publication of a holographic will or the registration of a public one, and follow the succession through: acceptance, declaration, division. If you wish, we also look at tools that go alongside a will: usufruct, a trust or earmarked fund for “after we are gone” planning, a maintenance agreement, or a family business agreement.

Public or holographic: which is right for you?

Feature	Holographic will	Public will
How it is made	Written entirely by hand, dated and signed (art. 602 Civil Code); no computer, no printing	Dictated to the notary, who writes it and reads it aloud in front of two witnesses (art. 603 Civil Code)
Who keeps it	You, a family member, or the notary in fiduciary deposit	The notary, among the office’s records; recorded with the General Register of Wills
Risks	Loss, destruction, doubts over handwriting or capacity, poorly worded clauses	Practically none: the notary checks capacity and intent and guarantees the form
Cost when drawing it up	None (a possible fee for advice or deposit)	Notary’s fee and the General Register of Wills’ fees; no tax
After death	Published by a notary: minutes, registration tax of 200 euro, stamp duty and fee	Minutes of registration: registration tax of 200 euro, stamp duty and fee
Best suited to	Simple situations, clear wishes, people who can write well by hand	Estates with real estate or a business, blended families, vulnerable children, anyone who cannot write

There is also a secret will, written by you (even on a computer) and handed to the notary in a sealed envelope: rare, but useful if you want no one, not even the witnesses, to know its contents. The full differences are set out in Holographic, public and secret wills.

What you can decide, and what you cannot: the forced share

The law reserves a share of the estate to forced heirs: a spouse (or civil partner), children, and, if there are no children, parents. With one child, half goes to them; with two or more children, two thirds are shared among them; to a spouse alone, half; with a spouse and one child, a third each; with a spouse and several children, a quarter to the spouse and half to the children. A spouse is, in every case, entitled to the right to live in the family home. The rest is the disposable share, which you can leave to whoever you choose: a partner, who would otherwise inherit nothing, a grandchild, a friend, or a charity through a charitable bequest. A will that harms the forced share is not void: the heir affected can ask for it to be reduced, but if they do not do so within ten years, the will stands as written. Gifts made during your lifetime are added into the calculation, as explained in Gifts to children and the forced share.

How much does it cost to make a will with a notary?

At the time of drawing it up, no tax is due: a will transfers nothing while you are alive. You pay the notary’s fee, which for a public will depends on how complex the provisions are, not on the value of the estate. The General Register of Wills’ recording fees are added. For a holographic will, only the cost of advice or fiduciary deposit applies, if any. Taxes arise with the succession, and are the same whether or not there is a will: 4% above 1 million euro for each child or for the spouse, 6% or 8% for others. Land registry and cadastral taxes on real estate are added (2% + 1%, or 200 + 200 euro with the main-home benefit). A bequest to a Third Sector charity is exempt. You can estimate the charge with the inheritance tax calculator; the exact fee is set out in your quote.

What do you need to bring, and how long does it take?

• ID document and tax code; marital status and family composition (spouse, children, including from earlier relationships).
• A list of your main assets: real estate with the deeds showing how you acquired them, accounts, shareholdings, policies.
• The people or charities you wish to benefit, with their details; for a charitable bequest, the charity’s exact name.
• Any earlier wills, to be revoked or supplemented.

A first conversation, at the office or in an online consultation, is enough to clarify what you want and what is possible. The draft is ready within a few days; signing a public will takes a half-hour appointment with the two witnesses, whom we provide. If you cannot travel, we come to your home or to hospital. The full list of documents is on the Documents page.

Frequently asked questions

Does a handwritten will really count?

Yes, if it is written entirely by hand by you, with the date (day, month, year) and your signature at the end. It does not count if it is typed on a computer or written by someone else. The risk is not validity but safekeeping and ambiguous wording: that is why it helps to have it reviewed and to deposit it with us.

Can I leave everything to my partner?

You can leave them the disposable share, which depends on which forced heirs you have: for example, half if you have one child, or a third if you have two or more. Without a will, a partner inherits nothing, and pays an 8% tax on their share with no threshold: we can also look together at a civil union or a cohabitation agreement.

Can I change my will after making it?

Always, as many times as you like: with a new will, even a holographic one, that revokes or changes the previous one. The most recent one by date prevails. No clause can stop you from changing your mind.

What happens if I do not make a will?

The law decides: spouse and children in fixed shares, then parents and siblings, down to relatives up to the sixth degree, and failing that, the State. Nothing goes to a partner, to whoever cared for you, or to a charity. And the home ends up jointly owned by all the heirs, with the disputes that tend to follow.

Learn more

• The full guide: Successions and wills: the notary’s guide
• Holographic, public and secret wills: differences, mistakes to avoid, publication
• Charitable bequests: how to leave something to a charity without taking anything from your family
• Gifts to children, the forced share and balance between children
• “After we are gone”: protecting the future of a family member with a disability
• Notary for inheritance in Naples · Frequently asked questions · Glossary · Calculators

Studio Notarile Marco Fiorentino · Via Cuma 6, 80132 Naples, Italy · tel. and WhatsApp +39 352 273 7467 · segreteria@notaiofiorentinomarco.com · Notary since 2011. Professional liability policy AIG Europe Limited no. IFL0008350 and collective CNN policy no. IFL0008164.151675, cover €3,000,000. Sources: articles 587-712 of the Civil Code; Legislative Decree 346/1990 as amended by Legislative Decree 139/2024 and the consolidated text, Legislative Decree 123/2025; rates in force as of September 2026. The written quote prevails over this page.

Marco Fiorentino, a notary since 2011 and in Naples since 2026, enrolled with the Notarial Council of the Joint Districts of Naples, Torre Annunziata and Nola. Office at Via Cuma 6, 80132 Naples (Santa Lucia). Who the notary is and how he works.
This page has been translated with automatic tools (such as Google Translate). The Italian version is the authoritative text.
© Studio Notarile Marco Fiorentino — Via Cuma 6, 80132 Naples, Italy.

Further reading: Notary for Inheritance in Naples