Contesting a will: how and when it is possible to do so

The subject of wills is always a delicate one. It requires care , attention to the legitimate portion, and proper planning. This is to ensure that the testator's final wishes are respected. In fact, the testator can write an infinite number of wills. If all are written in compliance with the rules of validity, only the last one is valid.

In recent years, the Agenzia delle Successioni has examined dozens of them. Each case is different, but one thing is common to all: the Law. The Law always protects all those who have acted and continue to act according to very specific rules.

Before delving into the substance of this important topic, we remind you that it is always necessary to consult with a professional from the Agenzia delle Successioni to assess whether it is possible to contest a will and immediately block the succession to heirs who may not be legitimate.

Challenging a will is one of the most important tools provided by inheritance law to protect heirs when doubts arise regarding the validity of the provisions left by the deceased.

Indeed, what is written in a will does not always truly represent the free and conscious will of the testator. In other cases, even if authentic, the will may violate rights considered inviolable by law, such as those of forced heirs.

When this happens, it's possible to intervene. But it's essential to understand the timeframes, prerequisites, and available legal tools.

• When and how to contest a will
• Holographic Will: Authenticity and Calligraphic Expertise
• Contesting the will for infringement of the legitimate share
• The terms for filing an appeal
• Why a strategy is important before contesting a will
• Who is the executor?

When and how to contest a will

Challenging a will is a legal action based on specific grounds provided by law.

For example, action can be taken when the will presents formal defects. This is the case with a holographic will that is not entirely written, dated, and signed by the testator. Even a seemingly minor irregularity can affect the validity of the document.

Another common reason concerns defects in the will: violence, fraud, or error. If the testator was induced by psychological pressure, threats, or deception to change his or her dispositions, the will can be annulled.

Then there are cases of incapacity of mind at the time of drafting. When cognitive pathologies, serious decline, or documented frailty emerge, it is possible to challenge the validity of the deed by demonstrating that the testator was not fully aware of his or her choices.

Holographic Will: Authenticity and Calligraphic Expertise

In holographic wills, one of the key points is the authenticity of the writing. If there are any doubts about the handwriting or signature, it is possible to request, as we have already seen, through the support of the Agenzia delle Successioni, a handwriting appraisal (read more), which compares the document with certain handwritings by the testator. The technical assessment can establish whether the document is authentic, forged, or handwritten.

This is often a crucial step, especially when the entire estate depends on the validity of that document.

Contesting the will for infringement of the legitimate share

Even a formally valid will can be challenged when it infringes on the legitimate share. In the Italian inheritance system , spouses, children, and, in their absence, parents are entitled to a share of the inheritance that cannot be excluded. If the will grants assets beyond the disposable portion, thus restricting the rights of the forced heirs, an action for reduction can be filed .

This action allows the testamentary provisions to be brought within the legal limits. If necessary, it can be followed by a restitution action, to effectively recover excess assets or sums transferred.

The terms for filing an appeal

The time factor is crucial. The action for annulment due to defects of will must be brought within five years. The action for reduction, however, expires ten years after the opening of the succession.

Once these deadlines have passed, the right lapses, even if the damage is evident. Therefore, it is essential not to underestimate any signs of irregularity and to request a timely assessment.

Why a strategy is important before contesting a will

Contesting a will means starting a complex legal process, requiring solid evidence and a detailed reconstruction of the facts. Suspicion or discontent is not enough.

A preliminary analysis of the documentation, financial situation, and family relationships is necessary to understand whether there is real room for success and what the most effective strategy is.

The Agenzia delle Successioni offers support during this delicate phase, starting with targeted consultancy that allows us to evaluate the prerequisites for the action and possible solutions.

Acting consciously means defending one's rights without turning a family conflict into a battle without solid legal basis.

Who is the executor?

Although we have provided an extensive study (available here), it is important to mention it in this article. An executor, while not mandatory, can be appointed by the testator to ensure that their wishes are followed. In fact, when we found ourselves in this role, we conducted a thorough analysis beforehand to ensure that the will was drafted in full compliance with the law and could not easily be challenged or contested by anyone.