Making a will on board an aircraft: here are the procedures

Drafting a will on board an aircraft during a flight is a possibility recognized by our law, but it requires compliance with specific rules that guarantee the validity of the document even in emergency situations or particular contingencies.

Receiving the will on board

The will, drawn up during the flight, is received by the aircraft captain. The law requires that the drafting be done in the presence of at least one witness, but, where possible, it is preferable to have two witnesses, in order to strengthen its validity. The powers that are usually assigned to maritime authorities are transferred in this case to the aeronautical authorities, which means that the captain assumes a key role in managing these delicate situations.

The role of the captain and delegation

According to some doctrine, the captain may be authorized to delegate the receipt of the will to other crew members or persons on board, given that his primary duties are related to safety and flight management. Interestingly, however, the same doctrine states that the captain cannot draft his own special will during the flight, as he is engaged in his command duties.

The annotation and delivery procedure

After drafting, the will must be recorded in the aircraft's journey log, an official log where the relevant events of the flight are recorded. The procedure does not end with the simple annotation. Once the aircraft has landed, the two originals of the will, along with a copy of the annotation, must be delivered to the national aviation authority at the first arrival airport. If the aircraft lands at a foreign airport, however, one of the originals must be handed over to the local consular authority.

Validity and possible invalidity

An interesting aspect of the regulation of wills on board concerns the validity of the document in the event of formal irregularities. For example, if the will was drawn up in the presence of only one witness, when two could have been present, it is considered invalid. However, failure to hand over the will to the competent authorities, whether national or consular, does not affect its validity. This means that the will remains valid even if it is not immediately deposited, since failure to deliver it does not constitute a defect in form.

Making a will on board an aircraft is an exceptional solution for those who find themselves in urgent situations or far from land and wish to make their wishes known. However, it is essential to precisely follow all the required procedures, from the presence of witnesses to the proper delivery of documents to the competent authorities. Compliance with these rules ensures that the will has full legal effect.

To learn more about wills, you can contact the Agenzia delle Successioni by filling out the form and requesting a free initial consultation.