Testament appeal

The will can be null or void in the presence of the serious defects and faults prescribed by law.
Anyone who may have a direct interest in it can challenge the will for invalidity and promote the relative judgment before the
competent Court, with summons of heirs and legatees.
If the appeal for nullity does not have a time limit, being available at any time, the action for annulment must be exercised within
five years from the reading of the will by the notary to those called to inherit.
Once this term has expired, the will becomes definitive and can no longer be subject to appeal.
Challenge of the holographic will
It is the easiest will to challenge since it was not drawn up with the certification of a notary.
In fact, in this case it is possible to dispute that the content of the will corresponds to the real last wishes of the settlor.
For example, it is possible to initiate a trial aimed at verifying the possible willful influence of the beneficiary who, with the
intention of circumventing the testator, deceived him by leading him to adopt those conditions.
Or it is possible to request an assessment aimed at verifying the actual manual drafting of the deed by the settlor.
Challenge of the public will
Also in this case, and in that of the secret will, it is possible to proceed with an appeal. In fact, the presence of the notary is an
extra guarantee about the correctness of the deed but not a certainty.
It may be that the will contained in the will does not correspond to the intentions of the testator, or it may be ascertained the lack
of ability to understand and will in the settlor who, for example, was seriously ill.
Challenge of the special will
As mentioned, the special will operates in the presence of specific conditions that prevent recourse to ordinary methods of appeal.
For example, during a voyage by ship, the will can be received by the captain; in the presence of natural disasters the will is valid if
received from the mayor or from a minister of worship in the presence of at least two witnesses no less than 16 years old.
If it is shown that in reality those conditions legitimizing the recourse to a special will did not exist at the time of the testamentary
disposition, or that the will of the testator was not adequately transmitted, it is possible to proceed with an appeal.