Inheritance of Italian citizens - The Supreme Court declares the nullity of two wills with reciprocal dispositions

A question about two spouses who had each written a will in favor of the other spouse has been referred to the Supreme Court; both wills were written on the same day.

Well, the Supreme Court, II civil section, with decision no.18197 of 1st April – 2nd September 2020, has declared the nullity of the two wills considering that they have been drafted in breach of the prohibition of “agreements as to succession” provided for in art. 458 italian civil code.

This approach of the Supreme Court must be noted and it must be observed that the drafting of a will is a very complex situation, therefore it is appropriate to be assisted by specialized professionals in inheritance and trust.

So if you want to prevent your wills from having disastrous effects, we advise you not to write them by yourself but to be assisted by committed professionals.

We are certain that those whom you indicate as heirs will thank you.

Milano, November 19th 2020.

Avv. Giovanni Babino