Italian law and will: the photocopy of the original has no legal effect

If someone tells you that they have written a will and have appointed you an heir, don't forget to ask them where the original is.

In fact, your enthusiasm could vanish if you only have a photocopy of the will signed by the testator.

Although you might think that the photocopy of the will may have legal value, it is not so!

The Italian Court of Cassation with various pronounciances, and among the most recent the ordinance No. 22191/2020, reiterated that, not only the photocopy of the will (even if signed by hand by the testator) has no legal value, but also stated that the unavailability of the holographic will is equated to its destruction.

In other words, if the original holographic will cannot be recovered, it is presumed that the testator has destroyed it.

Consequently, in the absence of a valid will, the legal succession will operate according to the rules of the civil code.

So, remember, if they tell you that they have made a will in your favor, don't forget to thank and also ask where the original is.

Education and prudence make life better...

Milano, April 17th 2023.

Avv. Giovanni Babino