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Another ruling on the alteration of the holographic Testament and its consequences.

  • 30/03/2021

The Supreme Court, with ruling of 19 March 2021, n. 7863 confirmed that, in the holographic Testament, the omitted or incomplete indication of the date entails its annulment; the affixing of this by third parties, on the other hand, if carried out during the packaging of the document, renders it void because, in this case, the autograph of the document is no longer valid, without detecting the importance of the alteration. However, it provided that the intervention of the third party, if it took place after the drafting, does not prevent the shop mortis causa from retaining its value whenever it is still possible to ascertain the original and genuine will of the deceased.

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