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Comparative Succession Law$
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Kenneth G C Reid, Marius J. de Waal, and Reinhard Zimmermann

Print publication date: 2011

Print ISBN-13: 9780199696802

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199696802.001.0001

Testamentary Formalities in Italy

Chapter:
(p. 120 ) 6 Testamentary Formalities in Italy
Source:
Comparative Succession Law
Author(s):

Alexandra Braun

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696802.003.0006

This chapter gives an overview of formality requirements for testamentary dispositions in Italian law, both from a historical and a comparative perspective. Italian inheritance law is deeply rooted in French law and the provisions concerning formalities therefore resemble those of the French Civil Code (as entered in to force in 1804). As well as ordinary wills, including holograph and notarial wills (whether public or secret), the Italian legal system also recognises a number of special wills as well as international wills. The chapter examines the requirements for each of these different types of will, discusses their popularity, and compares their pros and cons. It further outlines the impact of defects of form requirements on the validity of wills and considers the approach of the Italian courts to such defects. Finally, it shows that unlike in some other European countries, in Italy, the number of wills has decreased whereas will-substitutes have become more and more popular.

Keywords:   Italian law, notarial wills, holograph wills, special wills, international wills, defect of formalities, will-substitutes, formality requirements

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