The Court of Cassation and Wills: Reflections on Order no. 3603 of 2024
The recent order of the Supreme Court of Cassation, no. 3603 of 2024, offers important food for thought on the delicate issues relating to the validity of wills and the passive legitimacy of heirs in cases of succession. In this article, we will analyse the main aspects of the ruling, highlighting the practical implications and the legal norms involved.
The Case Analysed
In the order under review, the Court dealt with a succession dispute involving multiple parties, including issues related to wills drawn up at different times and their respective property dispositions. The appellant, V.V., contested the validity of the will dated 25 March 2003, arguing that the testatrix, U.U., had not drawn it up in full capacity.
The Court upheld the grounds of appeal, emphasising the importance of analysing the original will to verify its authenticity.
The Underlying Legal Issues
The Court highlighted some fundamental principles of inheritance law:
- Passive legitimacy in succession disputes: the Court ruled that even those who have renounced an inheritance can be involved in declaratory actions relating to donations and disposal acts.
- The need to examine the original will: it was clarified that graphological expertise must necessarily be carried out on original documents, as only in this way can the authenticity of the signature be ascertained with a high degree of probability.
- The principle of the aggregation of relictum and donatum: it was reiterated that all donations, to whomever made, must be included in the calculation of the hereditary estate.
Conclusions
In conclusion, order no. 3603 of 2024 of the Court of Cassation represents an important ruling on inheritance law. It clarifies not only the methods for contesting the validity of a will but also the dynamics governing the passive legitimacy of heirs. This ruling offers useful food for thought for legal practitioners, highlighting the importance of carefully examining original documents and considering the overall context of successions.
