Judgment No. 9904 of 2024: Testamentary Capacity and Inheritance Rights

The recent order No. 9904 of April 11, 2024, issued by the Court of Cassation, offers important clarifications regarding testamentary succession and testamentary capacity. The case concerns M. C., who challenged the validity of a will, bringing to light issues related to the diminished capacity of the deceased to understand and will at the time the will was drafted.

Context of the Judgment

In the context of a succession, the Court has established that rights claimed by inheritance are generally disposable, even in cases of verification of the will's validity pursuant to art. 591, paragraph 1, no. 3, of the Civil Code. This means that any decisions concerning the validity of a will do not affect the legal capacity of a deceased person.

INCAPACITY - IN GENERAL Opening of Succession - Rights Claimed by Succession - General Disposability - Even in Case of Verification of Will's Validity pursuant to art. 591, paragraph 1, no. 3), c.c. - Rationale. In the event of the opening of a succession, rights claimed by inheritance are generally disposable, even in cases of verification of the will's validity pursuant to art. 591, paragraph 1, no. 3), c.c., as the resulting decisions do not affect a person's legal capacity (who is moreover no longer alive), but are limited to ascertaining the potential condition of diminished capacity to understand and will, as of the date the will was drafted, so that they do not fall within actions concerning a person's status or capacity.

Implications of the Judgment

The order therefore clarifies that, with regard to inheritance rights, their disposability remains unchanged even in the presence of challenges concerning the testator's capacity. This approach represents a guarantee of stability for successions, preventing disputes over testamentary capacity from compromising inheritance rights.

• Testamentary capacity refers to the legal capacity to draft a valid will.
• Decisions regarding the validity of a will do not alter the legal status of the heirs.
• It is essential to ascertain the testator's capacity at the time the will is drafted.

Conclusions

In summary, order No. 9904 of 2024 provides an important confirmation of the stability of inheritance rights in the presence of challenges to testamentary capacity. The decisions of the Court of Cassation reiterate that issues related to the deceased's legal capacity must not prejudice the rights of the heirs, contributing to greater certainty in succession law. This is of particular relevance in a legal context where successions can generate conflicts and uncertainties. The clarity provided by the Court therefore represents a step forward towards a more serene management of testamentary successions.