The moment of opening an estate is often emotionally charged, and the situation can become significantly complicated when multiple wills drafted by the deceased at different times emerge. Facing multiple and seemingly conflicting testamentary provisions generates uncertainty and can trigger painful family disputes. Understanding the testator's actual will and which document has legal validity is crucial for protecting one's inheritance rights. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci regularly assists clients in navigating complex regulations and legal interpretations, with the aim of bringing clarity and ensuring respect for the deceased's last wishes.

Italian Law on Successive Wills Over Time

The cornerstone principle of our legal system regarding succession is the revocability of a will until the very last moment of life. This means a person can change their wishes as many times as they desire. However, when faced with multiple testamentary documents, the Civil Code, and specifically Article 682, establishes precise rules to determine which one prevails. The general rule states that a later will, i.e., the one drafted more recently, annuls the provisions of previous wills, but only in two specific cases: if it expressly declares so or if the new provisions are incompatible with the old ones.

It is essential to understand the difference between express revocation and tacit revocation. Express revocation occurs when the testator clearly writes 'I revoke all my previous provisions.' Tacit revocation, on the other hand, is more insidious and frequent: it happens when the new will contains provisions that cannot coexist with previous ones, even without explicitly annulling them. In the latter case, the previous will remains valid for all parts that do not conflict with the new one. Therefore, it is possible for the estate to be governed by a combination of two or more wills, integrated with each other as far as they are compatible. This analysis requires specific technical expertise to avoid misinterpretations that could lead to lengthy legal disputes.

The Bianucci Law Firm's Approach to Testamentary Conflicts

Avv. Marco Bianucci, an expert lawyer in succession law in Milan, approaches cases of conflicting wills with an analytical and rigorous method. The firm's priority is to reconstruct the testator's actual will through a detailed examination of each document. The first step always involves a formal verification of the wills: the authenticity of the handwriting (in the case of holographic wills), the presence of a certain date, and the deceased's capacity to understand and intend at the time of drafting are checked. Often, conflicts arise not only from the content but also from doubts about the validity of the most recent document itself, perhaps drafted under precarious health conditions.

The strategy of the Bianucci Law Firm aims, where possible, for an out-of-court resolution of the dispute. Through a solid and reasoned legal interpretation of the conflicting provisions, Avv. Marco Bianucci works to find an agreement among the heirs that reflects each person's rights and current laws, avoiding the time and costs of civil litigation. However, if it becomes necessary to protect the client's rights in court, the firm offers structured procedural defense, also availing itself of the collaboration of trusted handwriting experts and forensic doctors to contest any false wills or those resulting from undue influence. The goal is always to ensure that the deceased's true voice is heard and respected.

Frequently Asked Questions

If there are two wills, does only the last one always apply?

The last will does not necessarily annul the previous one entirely. According to Italian law, a later will annuls a prior one only for provisions that are incompatible with each other. If the new will only disposes of certain assets, the provisions of the old will concerning other assets, if not contradictory, remain valid and effective. It is therefore possible for the succession to be governed by multiple wills simultaneously.

What happens if the second will does not have a date?

The date is an essential element of a holographic will. The lack of a date can make the will voidable at the request of any interested party. However, if the date is present but incomplete, or if it is suspected to be untrue, the situation becomes complex and requires judicial ascertainment. In the presence of multiple wills, the date is crucial for establishing the chronology and thus which provision should prevail in case of conflict.

Can I contest a later will if I believe the deceased was not lucid?

Yes, it is possible to contest a will due to the testator's incapacity. If there is evidence (medical documentation, testimonies) demonstrating that at the time of drafting the later will, the deceased was not of sound mind and capable of intending, that will can be annulled. In such a case, the previous will would regain full validity, or, in its absence, the rules of intestate succession would apply.

How is a conflict resolved if two wills have the same date?

If two wills with the same date are found and their provisions are irreconcilable, and it is not possible to establish which of the two was written last (e.g., by the time, if indicated), the conflicting provisions nullify each other. In this particular scenario, for the assets subject to the annulled provisions, intestate succession will open, as if the will had not disposed of them.

Request a Legal Consultation on Succession Law

Managing the presence of multiple wills requires clarity and a deep understanding of succession law. Errors in interpreting wishes or delays in action can irreparably compromise the rightful inheritance share. If you find yourself in a situation of uncertainty due to conflicting testamentary provisions, contact the Bianucci Law Firm. You will receive professional and discreet assistance at the Milan office, located at Via Alberto da Giussano, 26. Avv. Marco Bianucci is available to analyze your case and define the best strategy to protect your interests.