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The unworthy heir; the murder of the deceased and the Italian law

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


Article 463 of the Civil Code provides for several cases that exclude from succession persons who have committed crimes.


Murder or attempted murder is the first crime that makes one “unworthy” of inheritance.


Article 463 of the Civil Code, paragraph 1, states: “ Whoever has voluntarily killed or attempted to kill the person whose succession is in question, or the spouse, or a descendant or ascendant of the same, provided that none of the causes that exclude punishability under the criminal law apply ”.


Unfortunately, murders motivated by obtaining an inheritance are not only common in crime fiction, but also in reality.


Modern investigative techniques, aided by technological tools, often lead to the identification of the culprits.


However, in the most complex cases, the “little grey cells” of Hercule Poirot or his peers are once again indispensable…

 

Milan, March 1st 2021.

Attorney Giovanni Babino

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