Challenging a Will: When and How to Act
Challenging a will is a legal procedure that allows one to contest the validity of a will if there are irregularities or violations of the law. At the Bianucci Law Firm in Milan, we provide qualified assistance to protect the rights of heirs and ensure the correct application of testamentary provisions.
A will is the act by which a person disposes of their assets for the period following their death. However, the testamentary provisions do not always comply with legal norms or the rights of legitimate heirs, making legal intervention necessary for their review or annulment.
Challenging a will is not only an act to protect one's rights but also a tool to restore justice and fairness in inheritance successions.
Reasons to Challenge a Will
A will can be challenged for several reasons, including:
- Formal defects: The will does not meet the legal requirements for validity, such as lack of signatures, witnesses, or proper registration;
- Incapacity of the testator: The testator was unable to understand or will at the time of drafting the will;
- Violation of the rights of legitimate heirs: The will contains provisions that violate the legitimate share entitled by law to legitimate heirs (such as spouse, children, or ascendants);
- Undue influence: The testator was forced, deceived, or influenced in drafting their wishes.
Effects of the Challenge
Challenging a will can lead to various consequences, depending on the cases:
- Nullity of the will: If the will is declared null, the provisions contained in it are without effect;
- Modification of the provisions: In the case of violations of the rights of legitimate heirs, the will can be amended to respect the legitimate shares;
- Restoration of legitimate succession: In the absence of a valid will, the inheritance is distributed according to the rules of legitimate succession.
Our Legal Support
The Bianucci Law Firm assists clients in all phases of challenging a will, ensuring:
- Preliminary analysis of the validity of the will;
- Consultation on the rights of legitimate and legitimized heirs;
- Assistance in mediation and judicial proceedings;
- Protection of patrimonial and family interests.
Thanks to our experience, we can quickly identify the most effective solutions to protect the rights of heirs and ensure proper management of inheritance successions.
Any legitimate or legitimized heirs who see their rights violated can challenge a will, as well as individuals who believe they have a legitimate interest in the succession.
The deadlines vary based on the type of defect. For example, for the annulment of a holographic will, the deadline is five years from the date the will is published.
The capacity of the testator can be challenged through medical examinations, health documentation, or testimonies that demonstrate any conditions of incapacity at the time of drafting.