A Testamentary Trust is created in accordance with the instructions in a person’s Last Will and Testament. Differently from a living trust, the testamentary trust starts having effect after the settlor’s death, and so is the trustee appointed. A testamentary trust can be a good way to leave assets to a specific loved one (usually […]
Tag: will
How suppressing a will can lead to being excluded from succession
The court outlines two conditions for this sanction to be applied: b) the voluntary destruction of a will. In cases where an heir is accused of destroying a will, destruction of the document (even if the holder is not aware of its content) is sufficient grounds for exclusion from succession. The doctrine does not apply […]
Publication of a Will
Public (dictated to a notary and signed in front of two witnesses), Handwritten (written by hand by the testator and kept by friends or relatives). The publication of the will consists of a notary deed through which the will becomes public. The notary proceeds with publication in the presence of two witnesses and drafts a […]
Nullity of Spousal Mutual Wills
Art. 458 of the Italian Civil Code The wills, drawn up on the same day in separate deeds, contained reciprocal provisions for the two testators. The Supreme Court is clear that in the foundation of the two wills there is an agreement between the spouses to regulate their respective succession, thus confirming the nullity of […]