Incapacity, conflicts, and wills: when they become contestable

The will represents the quintessential act through which a person, in full freedom and autonomy, disposes of their assets for the time after death. Precisely because it constitutes the ultimate expression of individual will, the law safeguards its authenticity and strictly regulates the requirements for its validity. However, testamentary provisions are not always straightforward or free of ambiguity. It often happens that, in the presence of incapacity of the testator, undue influences, or family conflicts, the will is challenged and becomes the subject of litigation before the courts.

The analysis of case law and practical scenarios helps clarify when a will can be considered genuinely valid and when, instead, it may be struck down.

The testator’s incapacity: the central issue

The first major factor affecting the validity of a will is the testator’s capacity to understand and to will at the time of drafting the document. Article 591 of the Italian Civil Code establishes that minors, those legally interdicted due to mental infirmity, and those who, although not formally interdicted, are in a state of natural incapacity, cannot make a will.

Case law has repeatedly clarified that a generic condition of illness or psychological fragility is not enough to nullify a will: it must be proven that, at the precise moment of drafting, the person was incapable of understanding the meaning and consequences of their provisions. A ruling of the Court of Cassation (Civil Cass., No. 12392/2019) reaffirmed that natural incapacity must be strictly proven through medical reports, witness testimony, and clinical reconstructions documenting the impairment of lucidity.

It is clear, therefore, that the issue of incapacity always lies on evidentiary grounds: the judge must ascertain the mental state of the deceased at a past moment, often distant in time, with all the difficulties that entails.

Undue influence and family conflicts

Another fertile ground for contestation is external pressure. The will must reflect a free and unconditioned will. If evidence emerges of manipulation, strong suggestion, or outright coercion, the act may be annulled.
Case law refers in this context to “moral coercion” or “captation of will.” It is not uncommon for a relative particularly close to the testator—for example, a cohabitant or child—to influence the provisions in their favor by exploiting the testator’s psychological vulnerability.

An example can be found in Civil Cass., No. 28244/2013, which annulled a will where the provisions appeared “clearly the result of suggestion and pressure exerted by a family member in a position of emotional and psychological dominance.”

In such cases, the boundary between legitimate emotional influence and undue coercion is thin, and the evaluation is always entrusted to the judge, who must reconstruct the relational context and the internal dynamics of family power.

Conflicts among heirs and unusual clauses

The will may also become a source of conflict when, although formally valid, it contains provisions perceived as unfair or unbalanced. For instance, an inheritance divided radically unequally among children, or a clause excessively favoring an unrelated third party, may raise suspicions and lead to litigation.
In these cases, it is not always a matter of invalidity, but sometimes of infringement of the legittima—the compulsory share of inheritance reserved by law to certain heirs (spouse, children, ascendants). The legittima is a non-derogable limit to testamentary freedom and may give rise to an azione di riduzione (action for reduction), which is distinct from an action for invalidity.

The critical point, however, is that the dividing line between an invalid will and a will infringing the legittima is not always immediate. It falls to the judge to determine whether the act should be annulled for defects of will or whether it remains valid but reduced through the protection of the rightful heirs.

Formal requirements and defects of the act

In addition to substantive issues, formal requirements must not be overlooked. For a holographic will to be valid, it must be entirely handwritten, dated, and signed by the testator. The absence of even one of these elements results in absolute nullity.

The Court of Cassation has repeatedly emphasized that the signature must allow for the certain identification of the testator and cannot be replaced by initials or conventional marks (Civil Cass., No. 12343/2020). Likewise, the date must be complete and capable of identifying the precise moment of drafting, an essential requirement for resolving conflicts between multiple wills.

For public or secret wills, on the other hand, attention shifts to notarial formalities and the regularity of the procedure. Here too, any irregularities may open the door to contestation.

Practical insights and advice

From the analysis of court rulings, some useful guidelines emerge:

• Proof of natural incapacity must be strict and precise; conjectures are insufficient.
• Undue influence must be established through concrete circumstances, not mere suspicions of favoritism.
• Violation of the legittima does not annul the will but results in the reduction of excessive provisions.
• Formal defects render the act radically null and, therefore, incapable of producing legal effects.

For these reasons, both in drafting and in contestation, it is essential to rely on professionals specialized in inheritance law, capable of evaluating not only the document itself but also the family and evidentiary context. Agenzia delle Successioni can be a valuable resource for your needs.