How can I challenge a forged Italian will

Challenge an Italian Will

Question: My uncle died on December 12, 2018 intestate. He is an Italian citizen who resided in Genova. He never married and has never had any children. I recently learned a cousin has “discovered” a letter claiming the entire estate be left to him. We believe this letter to be a forgery. What are our options? Can we challenge the will? What is the procedure? How much would that cost? We live in New York. Can we handle the case from here or our presence in Italy is required?

Answer: I understand that your uncle died and left no children or spouse. Pursuant to the Italian intestate laws (i.e., the laws applicable when there is not a valid will see this intestacy chart), the estate would go to his parents or grandparents, if they are still alive. If they are not, the estate would go to his siblings. If any of his siblings predeceased him, their share would be equally divided between his/her children, if any. If the predeceased sibling did not leave any children, his/her share would be equally distributed between the other siblings or their respective children. 

However, I understand that a cousin now claims that the intestate law cannot apply because he found a “letter” left by your uncle naming him as the only beneficiary. I understand that your cousin is claiming the letter meets all requirements to be treated as a will under the Italian law.

In Italy a legal way to sign wills is in a handwritten form (named holografic will), on a simple piece of paper, signed only by the testator, with no signature authentication by notary, lawyer or witness. Therefore, it is not unusual that, when there is no will, a “suspicious” will might suddenly come out and prevent the rules of intestate succession to apply. Therefore, yes, it is possible for anyone to just handwrite a will on a simple piece of paper, force the deceased’s signature, and claim the estate pretending that such forged will was written by the deceased. In the event of a handwritten will, no additional check by any authority is required with respect to the signature authenticity on the will. The beneficiary named in the will is entitled to claim the estate and process the succession on the basis of said forged will unless an interested party challenges it.

Italian Will Legal Dispute

When an interested party believes that a will is a forgery, it is possible to challenge it. One of the first steps to carry out in that event is to check the handwriting consistency. For this purpose, you need to find some handwritten samples, then you need to have an handwriting expert to check handwriting consistency. If the forensic report says that the handwriting on the forged will is not consistent with other comparable handwriting of the deceased found on other documents handwritten by the deceased, it is possible to successfully challenge the forged will and claim intestate law to apply to the succession.

Another step that might be advisable at this point would be to put a lien on the estate, to avoid that the named beneficiary starts managing the estate and possibly selling assets while the dispute is pending.

This kind of matter might involve a substantial amount of activities and money to be invested up front in legal and expert evaluations. If your uncle’s estate is substantial, taking into consideration its total net value (assets’ value less debts) and the number of beneficiaries that would be entitled to it under the Italian intestate law, then it might be worth conducting the activities aimed at checking the handwriting and evaluating the chances to successfully challenge the will.

If the will is a forgery and if the defendant sees that the claimant is serious and well determined in the legal action, there might be significant chances to successfully pursue an out of Court settlement, for example through Italian Mediation, instead of fighting up to a verdict. An out of Court verdict is advisable because dispute results are uncertain,  disputes might last several years and legal costs are not refunded in full to the willing party, but only limited to the portion that the Court considers appropriate as per its discretion. This often leaves the largest majority of paid legal costs on the winning party.

We can fully conduct the legal action to challenge an Italian will without your presence in Italy. You are required to put in place a Power of Attorney (PoA) for a representative to act on your behalf in Italy with proper authority. A valid PoA can be fully completed in New York, in your home town, within a few business days without the involvement of the Italian consulate.

We would be very happy to assist you in your Italian succession case. We assist numerous foreign clients with all kinds of estate matters, including inheritance claims and disputes all over Italy, including matters in the Genoa area.
We have worked on hundreds of real estate and succession law matters which results in our lawyers being up to date and well-versed in all aspects of these subjects. Our extensive knowledge, efficient international working style and established legal tradition make our services a unique option. These factors allow us to offer comprehensive services for competitive rates.

Related information

• Italian Succession Law Practice
• Italian Mediation
• Italian Legal Cost Refund