The Importance of Proper Estate Planning

Deciding how to dispose of one's assets for the time after one has passed away is an act of great responsibility and foresight. Often, however, one faces doubts regarding the most suitable form to use to ensure that one's wishes are respected and, above all, that they are not subject to future disputes among heirs. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci understands that every family and patrimonial situation is unique and requires an adequate legal instrument to be protected. The choice between a holographic, public, or secret will is not merely formal but substantially affects the security, secrecy, and stability of testamentary dispositions.

Testamentary Forms in Italian Law

Our legal system provides for different forms of wills, each with specific validity requirements and varying degrees of security. Understanding the differences is the first step to avoiding nullity or voidability that could frustrate the testator's intentions.

The Holographic Will

The holographic will is the simplest and most immediate form. To be valid, it must be written entirely by hand by the testator (autograph), dated, and signed. It does not require the presence of a notary or witnesses at the time of drafting. Although it guarantees maximum confidentiality and involves no immediate costs, it presents concrete risks: it can be lost, destroyed (even accidentally), forged, or contain legal errors that make interpretation difficult or cause its invalidity. Often, those who draft a holographic will without the supervision of an experienced legal professional use improper terms that generate disputes among heirs.

The Public Will

The public will is received by a notary in the presence of two witnesses. The testator declares their wishes to the notary, who reduces them to writing, ensuring their compliance with the law. This form offers the utmost security guarantees against loss or alteration, as the document is kept in the notarial archive. Furthermore, the professional's intervention ensures that the dispositions are not contrary to mandatory rules. The limitation of this form lies in the reduced confidentiality during drafting (due to the presence of witnesses) and the immediate costs associated with the notarial act.

The Secret Will

The secret will represents a middle ground that combines the confidentiality of the holographic will with the security of notarial custody. The testamentary document, which can also be typed or written by a third party (with specific signing formalities), is delivered sealed to the notary in the presence of two witnesses. It is a less commonly used form in practice today but is useful for those who wish to maintain absolute secrecy about the content of their wishes until the succession is opened, while also protecting themselves against the risk of the document being stolen or destroyed.

The Bianucci Law Firm's Approach

The drafting of a will is never a standardized operation. The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, begins with an in-depth analysis of the estate and the client's family dynamics. The goal is not just to write a formally valid document but to build an estate strategy that prevents conflicts.

The Bianucci Law Firm assists the client in evaluating the most suitable testamentary form for their specific needs. In the case of a holographic will, Avv. Bianucci provides advice for the correct drafting of the text, ensuring that the clauses are clear, unequivocal, and respectful of the legal shares due by law to the closest relatives. This preventive support is crucial for safeguarding last wishes and drastically reducing the risk of future challenges. When the complexity of the assets or the family situation requires it, the firm collaborates with trusted notaries for the execution of public wills, ensuring that the testator's wishes are translated into unassailable legal terms.

Frequently Asked Questions

Is a will typed on a computer and then signed by hand valid?

No, a will typed on a computer (even partially) and then signed is null and void as a holographic will. The fundamental requirement of holography dictates that the entire document must be written by the testator's own hand. If one wishes to use mechanical means, it is necessary to resort to the form of a secret or public will, following the relevant notarial procedures.

Can one disinherit a child or spouse?

In Italy, testamentary freedom is not absolute. The law reserves a portion of the estate (called the legal share) for certain individuals, known as forced heirs (spouse, children, and, in the absence of children, ascendants). A will that infringes upon the legal share is valid but can be challenged by the forced heirs to obtain the reduction of the infringing dispositions up to the reinstatement of their share.

What happens if multiple wills of the same person are found?

If multiple wills exist, the later (more recent) will revokes the previous ones only for the provisions that are incompatible with it, unless it contains an express revocation of all previous wishes. It is essential that each new will is precisely dated to establish the chronological order. The analysis of compatibility between multiple testamentary documents is often complex and requires the intervention of an expert lawyer in succession law.

How much does a consultation to make a will cost?

The costs for succession consultation vary depending on the complexity of the assets and the dispositions intended to be implemented. It is not possible to provide a standard estimate without knowing the details of the case. During an initial meeting at the office, Avv. Marco Bianucci will assess the specific situation and provide a clear and transparent quote for the assistance necessary for drafting or revising the will.

Request an Assessment of Your Case

Planning one's succession is a gesture of care towards one's loved ones that deserves the utmost professional attention. If you have doubts about which testamentary form to choose or wish for assistance in drafting your wishes, contact the Bianucci Law Firm. Avv. Marco Bianucci will receive you at the Milan office, at Via Alberto da Giussano 26, to analyze your situation and guide you towards the safest and most effective solution.