The will in cases of illness, disasters, or accidents

When the testator is unable to use ordinary forms of a will due to being in a location affected by a contagious disease, a public disaster, or an accident, the will is valid if received by a notary, the justice of the peace of the location, the mayor or their representative, or a minister of religion, in the presence of two witnesses who are at least sixteen years old. The will is written and signed by the person receiving it. It is also signed by the testator and the witnesses. If a witness is unable to sign, the reason must be indicated.

These circumstances are among the special situations considered by the legislator that make it impossible to use ordinary forms of a will. In this article, we will discuss each individual case.

What are the requirements for special wills?

The conditions for using this form of will are twofold and must both be met:

• Inability to use ordinary forms of a will, not in an absolute sense, but rather when difficulties arise that make it extremely difficult to use the ordinary forms.
• A contagious disease in the location where the testator is, a public disaster, or an accident: situations that make it difficult to use ordinary will-making forms, both objectively and subjectively.

How to make a will in case of illness?

The illness must be considered contagious. It must be commonly regarded as such and be widespread; it is not necessary for the testator to be personally affected. The disease must dominate in the area where the testator is, regardless of whether they reside, are domiciled, or are merely passing through. The location must be of significant size.
It is not necessary for the disease to be medically confirmed as contagious, nor for there to be a decree from the competent authority ordering isolation or other measures interrupting normal civil life. The contagious nature should be assessed based on common opinion, with the sufficient condition being the spread of alarm that could make it difficult to make a will using ordinary forms.

How to make a will in case of a public disaster?

This circumstance includes any situation where the community to which the testator belongs is affected by a disaster, natural or otherwise, such as war, an earthquake, or a flood. The disaster must have occurred in an objective sense, meaning that subjective perception is insufficient, but public acknowledgment by the authorities is not required.

How to make a will in case of an accident?

An accident is an external and violent event of any kind that endangers the testator's life. It does not include a sudden and serious illness that may strike the person, as illness is only relevant if it is epidemic.

Who can receive the special will?

This type of will can be received not only by a notary but also by other individuals expressly authorized: the justice of the peace of the location, the mayor or their representative, or a religious minister, even if not Catholic. It is understood that the authorized individuals are listed in an alternative manner, not hierarchically.
Unlike the other authorized individuals, the notary cannot, without a justified reason, refuse to receive the will. When the will is received by someone other than the notary, they do not need to comply with notarial law.
Two witnesses, who must be at least sixteen years old, are required. It is not necessary for them to know or be able to sign. The location, date, and time of signing must also be indicated, even to verify the exceptional circumstances that justify the use of the special form.

How long is the special will valid?

The will received in the manner described loses its validity three months after the cause that prevented the testator from using the ordinary forms has ceased. If the testator dies during this period, the will must be deposited, as soon as possible, in the notarial archive of the location where it was received.
Temporary validity is a common characteristic of all special wills. If the testator dies during the period between the creation of the special will and the loss of its validity, the special will remains definitively valid and must be deposited, as soon as possible, by the person who drafted it, in the notarial archive of the location where it was received. This deposit is not considered a requirement for the validity of the will, nor is it a form of publicity, but merely serves to preserve the document.

If you want to learn more about special wills, contact Agenzia delle Successioni for the proper guidance in particular cases like this.