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The false Will - The crime and unworthiness to the inheritance and the Italian Law

Writer: Avv. Giovanni BabinoAvv. Giovanni Babino


The existence of a testament and its publication has not only emotional consequences, but also patrimonial.


The testator by writing the Will can recognize children, can dispose of its assets and sometimes disappoint expectations or offer opportunities to those who have economic difficulties that may change their lives.


Although, concerning the handwritten Will, the interested subjects will wonder if the testament was really written and signed by the deceased or if it is false.


The judicial chronicle is full of cases in which it emerges that the will was false and that it was the heir or the beneficiary to organize the falsification with a criminal plan.


Maybe, it can be reassuring to know that the falsification of the Will is a crime provided and punished by art. 491 of the criminal code and that, obviously, the faker is “excluded from the succession as unworthy” (art. 463 no.6 Italian code of civil law).

 

Milano, April 16th 2021.

Avv. Giovanni Babino

 
 
 

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