The doubts and importance of calligraphic expertise in the will

When there is uncertainty about the authenticity of a will, for whatever reason, a contested will is quickly and mistakenly resorted to. This decision is often made by heirs, overcome by emotional rage and without proper and clear guidance, who risk not achieving the desired result.

A preliminary consultation with the professionals at the Agenzia delle Successioni could reveal different preventive dynamics useful for the purposes of challenging the will, such as the valuation of assets.

In this article, we explore the importance of handwriting appraisal as the final stage of the study to verify authenticity and, therefore, the wishes of the deceased.

What does it really mean to have a will appraisal done?

A handwriting appraisal helps determine whether a signature or text was actually written by the person to whom it is attributed. In the field of inheritance law, it almost always concerns holographic wills, which to be valid must be entirely handwritten, dated, and signed by the testator. If even one element appears uncertain, the document can be contested or even declared null and void. This is where a careful analysis can completely change the estate.

When a calligraphic expertise is needed

The need for verification often arises from small signs. A signature that's shakier than usual, handwriting that doesn't resemble your usual handwriting, deletions, suspicious additions, or simply the feeling that something isn't right. Sometimes the testator, in his or her final years, may have had health problems that altered his or her handwriting, and this creates further uncertainty.

The situation becomes even more complicated when there are multiple wills stating conflicting circumstances. In these cases, an expert appraisal is essential to determine which document is authentic and, above all, which is the last valid one.

What can emerge from an expert assessment?

A handwriting consultation can yield unexpected results. Specifically, it may reveal useful details for a proper assessment and the necessary protective action. These include, for example:

• Authenticity or falsity. The text or signature is confirmed to belong to the person being analyzed.
• Author identification. The expert report is compared with the deceased's usual handwriting. This identifies the author of the will.
• Possible method of forgery. The method of forgery is identified. These include tracing, simulation, and attempted disguise. Among the most well-known cases is that of a jointly handwritten will.
• Alteration of the will. Deletions, changes, abrasions, additions, and overwriting are detected, including using infrared and raking light.
• Capacity to understand and decide. The testator's mental and physical state can be detected in a written text. Specifically, shaky handwriting may be attributed to illness, old age, or fear. This helps us understand testamentary ability and awareness.
• Complex analysis. The dynamic nature of the text in the will can be subjected to technical analysis. Specifically, the overall expert assessment can highlight any pressures during drafting, the speed of writing, and its naturalness.

How much does a calligraphy appraisal on a will cost?

The Succession Agency supports the heir step by step, with an approach that combines technical expertise and attentiveness during what is often an emotionally complex time. It always begins with a preliminary consultation, which helps determine whether an appraisal is truly necessary and what type of appraisal is needed.

There are two options:

• an unsworn appraisal, useful in the initial stages or when attempting an agreement between the heirs
• a sworn appraisal, useful when one intends to give value to the appraisal itself and therefore useful if the heirs intend to proceed with a trial

The Agenzia delle Successioni coordinates the appraisal process at every stage, also suggesting the heir the most appropriate option to minimize the cost of the appraisal itself. In fact, a non-sworn appraisal costs less than a sworn appraisal. There can be many assessments and just as many cases to be analyzed. The Agenzia delle Successioni always suggests a complete appraisal, although it is also possible to have individual elements of the will analyzed, such as:

• single signature appraisal
• expert opinion on an alleged additional part of the will
• expert opinion on the date of the will

It is clear that the cost of a single appraised element is lower than that of a complete appraisal, although the result could raise new doubts and require further analysis anyway.

The factors that influence the price of the appraisal are:

• Complexity and number of documents: The more comparison material is needed, the higher the cost will be.
• Urgency: Urgency can increase costs
• Instrumentation: The use of advanced technologies

The overall cost, as outlined in the previous options, can fluctuate significantly. For these reasons, it's useful and necessary to consult with your provider to choose the right service.

Out-of-court or judicial appraisal: what's the difference and who pays?

The cases described in the previous paragraph refer to a party's expert report. Specifically, this is an expert report useful for the purposes of an "attack" or "defense" against the estate. The use of a party's expert report can be useful for reaching a preliminary agreement (before the trial) or during the trial.

Here are the differences:

• An out-of-court appraisal is commissioned by the party (heir) and used outside of a judicial context. The cost of the appraisal is borne by the person requesting it (heir). Technically, its acronym is CTP (Party Technical Consultancy);
• A judicial appraisal is commissioned by the judge, therefore during a trial. The expert's fee is usually borne by the losing party (the loser), although the judge may establish different rules, such as a 50/50 split. It should also be noted that in a trial, joint liability applies, meaning that if the convicted party fails to pay, the expert can recover the costs from the winning party. Technically, the acronym for expert witness ( CTU ) stands for "court-appointed technical consultancy."

Protection of heirs and respect for the deceased's wishes

Verifying the authenticity of a will means ensuring that the deceased's wishes are respected and that the estate is correctly distributed.

It's a way to protect heirs from potential abuse and restore order at an already delicate time.

Every will has its own story. The Agenzia delle Successioni reads and interprets it, and guides the client toward the most appropriate solution, combining technical and legal expertise with a practical and transparent approach.