Will and Inheritance
What this is about
A will or testament is a legal document that expresses a person’s (de cuius) wishes for the time he or she will have ceased to live and produces legal effects only from the moment of the testator’s death. Anyone who has reached the age of majority and is legally capable may dispose by will.
Inheritance is a procedure aimed at making the heirs take over all active and passive legal relations belonging to the deceased and transferring the estate to them. The succession is called testamentary when the deceased, by means of a will drawn up in accordance with the law, has expressed his or her wishes regarding heirs and the devolution of his or her estate; on the other hand, it is called legitimate when, in the absence of a will, the law establishes who the heirs are and what share they are entitled to according to the degree of relationship to the deceased.
The role of the notary
The notary is able to provide all relevant information for drafting a will that complies with current law. The notary’s advice on the matter can be useful in advance, in order to learn about and evaluate the advisability of resorting to one or another type of succession disposition; in some cases it is crucial at the time of filing the will. Turning to the notary is important even if only for advice, since succession law is particularly complex, characterized by strong constraints on the autonomy of the testator, for the safeguarding of the legitimates, and by form requirements, the non-observance of which can frustrate the intent of the testator. Our firm offers its experience and professionalism to support you with customized consulting.
