Testamentary Formalities in Italy

TESTAMENTARY FORMALITIES, pp. 120-141, K.G.C. Reid, M.J. De Waal, R. Zimmerman, eds., OPU, 2011

Oxford Legal Studies Research Paper No. 9/2012

Posted: 11 Feb 2012

See all articles by Alexandra Braun

Alexandra Braun

School of Law, University of Edinburgh

Date Written: February 10, 2012

Abstract

This chapter gives an overview of formality requirements for testamentary dispositions in Italian law, both from a historical and a comparative perspective. Italian inheritance law is deeply rooted in French law and the provisions concerning formalities therefore resemble those of the French Civil Code (as entered in to force in 1804). As well as ordinary wills, including holograph and notarial wills (whether public or secret), the Italian legal system also recognizes a number of special wills as well as international wills. This chapter examines the requirements for each of these different types of will, discusses their popularity and compares their pros and cons. It further outlines the impact of defects of form requirements on the validity of wills and considers the approach of the Italian courts to such defects. Finally, it shows that unlike in some other European countries, in Italy, the number of wills has decreased whilst ‘will-substitutes’ have become more and more popular.

Suggested Citation

Braun, Alexandra, Testamentary Formalities in Italy (February 10, 2012). TESTAMENTARY FORMALITIES, pp. 120-141, K.G.C. Reid, M.J. De Waal, R. Zimmerman, eds., OPU, 2011, Oxford Legal Studies Research Paper No. 9/2012, Available at SSRN: https://ssrn.com/abstract=2002768

Alexandra Braun (Contact Author)

School of Law, University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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