It is one of the most powerful ways to support a cause without giving up your assets today. A charitable gift in a will does not affect your current bank accounts, property or habits: it takes effect only afterwards, and until the end of your life you can change or cancel it. Yet it can have an enormous impact, allowing an organization to continue its work beyond one person’s natural lifetime. This guide explains what it is, how much you can actually leave, why in the cases provided by law a gift to an ETS may arrive free of inheritance tax, and how to choose the organization carefully.
What it is — and what it does not take away today
A charitable legacy is a provision in a will assigning part of your estate to one or more nonprofit organizations. The key word is “will”: it concerns what happens after death, not your current bank account, assets or habits.
While you are alive, you lose nothing and are bound to nothing: a will can be changed or revoked at any time, as often as you wish.
That makes a legacy very different from a donation, which transfers money now. It is a calm decision that can be reconsidered as your life changes.
Do you need a large estate? No
This is the most common misunderstanding. People assume leaving something to an association is only for the wealthy; it is not. You can leave a small sum, an object, a life-insurance policy, a particular asset or a percentage of what you will own. For many organizations, especially small ones, even a modest legacy makes an enormous difference. The choice matters more than the extra zero in the figure.
Without a written provision, the organization does not inherit
There is a technical point that surprises many people: if you want an organization to receive part of your estate, it must be named in your will. Without a will, the estate passes by law to your closest relatives, then more distant ones and ultimately the state. Instruments such as life-insurance policies work differently because the organization can be named directly as beneficiary. In every case, if you want to leave something to a cause, put it in writing. That is why it is worth thinking about in time: many people come to it late, or not at all.
Italian law protects family: reserved and disposable shares
Italian succession law reserves part of an estate to certain close family members — a spouse or civil-union partner, children and their descendants, and, in the absence of children, parents. This protected part is the reserved share. The remaining disposable share can be left freely to other people or organizations.
Example: if you have an estate of €200,000 and one child, half is reserved to that child; the other €100,000 is your disposable share and can be assigned to a cause you care about.
The proportions change with your family situation, and calculating the disposable share is exactly the kind of task for which a notary’s help is worthwhile. If a will infringes the reserved share, affected protected heirs can challenge it using the remedies provided by law.
What you can leave
You do not have to choose between “everything” and “nothing”. There are several forms:
What you leave | In practice |
|---|---|
A sum of money | A defined amount, including a modest one |
A specific asset | A property, artwork or valuable object |
A share of the estate | A percentage of what remains |
A life-insurance policy | Naming the organization as beneficiary under the contract rules |
You may name an organization as an heir, giving it a share of the whole estate, or as a legatee, leaving it a specific asset or sum. For many people, a legacy — “I leave this amount or asset to this association” — is the clearest form. You can divide a gift among organizations or restrict it to a specific purpose, provided the wording is clear and workable.
The tax benefit for ETS registered with RUNTS
There is a practical reason why a legacy to an ETS eligible under the law can achieve more than you expect: in the cases provided for, it is not subject to inheritance and gift tax or to mortgage and cadastral taxes. Article 82 of the Third Sector Code provides that gratuitous transfers — donations and legacies — to ETS registered with RUNTS are exempt from inheritance and gift tax and from mortgage and cadastral taxes, provided the assets are used for the organization’s purposes.
In practice, the value of what you leave can reach the organization without inheritance and gift tax or mortgage and cadastral taxes, when the applicable conditions are met.
One important detail: this exemption applies to RUNTS-registered entities when the relevant conditions are met. If the organization is not registered with RUNTS, or does not fall within the eligible categories, the exemption may not apply and the legacy could be taxed under ordinary rules. That is one more reason to confirm registration before choosing. You can check it free of charge through the RUNTS organization search, using the name or tax code.
How to make a will in practice
A legacy is arranged through a will. The two most common forms are holographic and public wills; a secret will also exists but is far less common in practice. An Italian holographic will is written entirely by hand, dated and signed by the testator. It costs nothing and can be kept wherever you choose, although depositing it with a notary or telling a trusted person that it exists is prudent. A public will is prepared by a notary in your presence and that of two witnesses. It is more secure and harder to challenge or lose.
For a simple legacy — a sum of money to an association — a holographic will may be sufficient. But when property, delicate family circumstances or complex assets are involved, a notary is not a luxury: professional drafting prevents your intention from being defeated by a formal error. Remember two final points: you can always amend the will, and it is worth informing the organization of your choice. Many entities have a legacy contact who can help you identify the correct official details.
Choosing the organization to include
A legacy is a long-term decision, and you deserve confidence that the recipient is serious and truly advances the cause. The same checks as for a donation apply — transparent accounts, concrete results and RUNTS registration, which matters twice here because it can also determine the tax exemption. On NonProfit.it you can find organizations by cause, region and city and compare them; for the wording of the legacy and the organization’s official details, then turn to its official website and a notary.
The complete criteria for assessing an organization are in the guide to choosing an organization.
A legacy is not a farewell: it is the decision to make something you believe in endure. It begins with a cause, not a notary — the notary comes afterwards, to put it in writing.
This page explains how charitable gifts in wills work and does not replace a notary’s advice. Consult one to draft or review a will and calculate the disposable share.
