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Succession with two wills: validity according to Italian law

Writer's picture: Avv. Giovanni BabinoAvv. Giovanni Babino


Sometimes it happens that after the death of a person it is discovered that there are two wills.


This raises concerns for the inheritance calls who will think that the later will, that is, the last one, is valid in order of time.


Examining Italian law, art. 682 civil code and ss, we can reassure if not all those called to inheritance, at least those who were indicated as heirs in the first testament.


In fact, it will be necessary to examine each of the two wills:


If it turns out that the second will has not expressly revoked all the provisions of the first will or if the provisions of the second will are not incompatible with the provisions of the first will, both wills will take effect.


This may arouse the amazement of some of the calls to the inheritance, but you know, there is always someone unhappy.

 

Milano, June 29th 2023.

Avv. Giovanni Babino

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