WHAT’S A TESTAMENT?
A testament is an act by which you can decide about your assets, in whole or in part, for the time when we will cease to live.
Making a testament is a practice still uncommon in Italy, because thinking about doing it gives a feeling of anxiety. In addition, we assume that it is the law to decide who will get the heritage we leave.
This is partly true: the Italian law protects the rights of our loved ones (with or without a will) through the so-called rightful share, which represents the part of the legacy that is nonetheless essential to the closest relatives, even against the will of the testator. In the absence of a will, the law establishes how our assets will be divided between the heirs and, failing this, the state will inherit any property.
With the testament, instead, we can decide what to leave and those who leave each individual asset, the work of a lifetime, with the certainty that our will will be respected. The testament may be done by anyone with full legal age and that is capable of discernment.
WHY SHOULD WE DO A TESTAMENT?
Because it is an act that allows people to dispose of assets in favor of their loved ones, respecting principles and values that have always shared (you can also leave properties to friends and non-profit organizations such as AISPO, not only to relatives).
In the absence of a will, the assets may be divided among relatives up to 6th grade, so among people not selected by the Thestor directly.
Because you can contribute to solidarity projects and humanitarian causes in order to ensure the health of people, especially mothers and children, who live in conditions of extreme poverty.
· Because it is an NGO that has existed for more than 30 years, and has accumulated experience and expertise in the health sector
· Because it is one of the few in Italy that focuses exclusively on health, even highly specialized
· Because our work means quality: we can count on excellence clinic (doctors, hospitals, technical) that hosts the San Raffaele Hospital
· Because health is the first of the human rights, the most important, invaluable, inalienable
· Because is an NGO (which has remained deliberately) Small: we know all the employees and the relationship between us is close and human.
· Because our credibility is recognized by the Ministry of Foreign Affairs which often draws us to operate in areas of crisis and because we work with many other national and international public institutions (universities, UN, etc ..)
TYPES OF TESTAMENT
THE PUBLIC TESTAMENT. It’s a testament drawn up by the Notary with special formalities, following the wishes expressed directly by a spiritual testament and in the presence of two witnesses (who, by law, must not be beneficiaries of the document). The public one is kept by the notary in deeds and it will be published by the death of the testator
THE HOLOGRAPH TESTAMENT. It’s a handwritten testament, dated (with day, month and year) and signed (name) at the end of the provisions. It’s just any paper on which everyone can write, with his own hand, the provisions. The holographic can not be written, even partly, from other people and can not be done with typewriters or computers, otherwise doesn’t have any validity.
It can be appointed an executor, who is a trusted person that will try to do the will expressed.
While in the case of a testament done by a notary act, there is greater certainty that the desires will be respected rather than in the case of the holographic testament. We have to consider the risk that the last one can be, even accidentally, lost or destroyed or stolen. To prevent this, you should write 3 originals (not photocopies) and leave one at a Notary, one to a trusted friend and one stored in a safe place. The law obliges anyone holding a holographic will to present it to a notary for its publication.
THE SECRET TESTAMENT. In this case, the testament is delivered by the testator to the notary, who remains unaware of its contents and merely receive and keep a copy. This type of testament may be typed or computer generated but must be dated, signed and enclosed in a sealed envelope in the presence of two witnesses to the notary office
DOES A TESTAMENT CONSTRAIN ME FOREVER?
The testamentary disposition, whatever form it takes, can be revoked or modified at any time. It’s therefore possible to vary the contents of the testament and rearrange its assets in favor of third, if you change, for whatever reason, idea. In the event of a holographic testament, any subsequent additions or changes must be written, dated and signed by the settlor with his own hand.
It’s also possible to make changes by writing in the bottom of the document already prepared: it is necessary to affix the date of the changes and re-subscribe.
HOW MUCH CAN I LEAVE TO A CHARITABLE ORGANIZATION?
It depends on the existence and the number of heirs (spouse, children, parents). The maximum share of the inheritance that you can leave to an association (the portion available) can range from 1/4 to 2/3 of the total assets. In the absence of heirs, however, the legacy may be all the assets.
ARE THERE TAXES TO PAY?
No. According to the Decree. n. 460 of December 4, 1997, the full amount of the inheritance, large or small, if donated to a non-profit organization is not burdened by any inheritance tax.
WHAT CAN I LEAVE?
• A sum of money, stocks, shares, investment funds
• Movable property like artwork, jewelry furniture
• Properties such as an apartment, a plot, a building
• The entire assets
• A life insurance policy naming AISPO as beneficiary. The life insurance policy is not part of the estate so the insured can freely choose who will benefit and then donate to the person chosen (natural or legal) the full amount.