Services and Mission

In the field of inheritance, most disputes arise from wills that violate the “legitimate quota”, i.e. the share of the inheritance that is fixed by law and that belongs to certain categories of heirs called “legitimates” (children, spouse and parents), or from acts of disposition made by the deceased while he/she was still alive, such as the donation of all or part of the assets in favour of certain legitimates or third parties, thereby affecting the rights of other excluded legitimates.

With passion, professionalism and competence, our lawyers deal with the delicate issues of inheritance law. Over the years, the firm has gained experience that guarantees assistance and advice in matters of succession, both legitimate (testamentary) and testamentary (intestate). The firm also deals with disputes relating to the contesting of fraudulent acts of renunciation of succession and testamentary dispositions on the grounds of legal or natural incapacity due to mental, temporary or permanent illness of the testator, mistake, violence and fraud, or any other cause provided for by law.

In the event of conflicts between heirs, the Office seeks to find the best solution to the family problems that are typical of inheritance, by means of extrajudicial mediation and, where appropriate, by applying to the courts for recognition of the inheritance.

Inheritance matters are among the subjects included in the mandatory mediation provided for by Legislative Decree No. 28 of 2010.

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According to art. 587, first paragraph, of the Civil Code: “The will is a revocable act whereby a person disposes of all or part of his property when he is no longer alive.

The law provides for three types of will:

1. The public will, which is drawn up by a notary and signed by the testator;
2. The secret will, which is written by hand by the testator and presented to a notary in the presence of two witnesses;
3. The holographic will, which is the most widespread because it is written (requiring an autograph), dated and signed by the testator.

The holographic will is now the most common form of testament, mainly because it can be written on any piece of paper (or other material), but each sheet must bear the testator’s date and signature. Moreover, it can always be revoked by the testator by a new will, always holographic, provided that it is subsequent and expresses a specific intention to revoke a previous will.

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