Lucrezia Ciotti An €800 inheritance left to a single nephew , described in the will as "my favorite , " sparked a lengthy legal battle among family members. After objections from the excluded relatives, the judges upheld the validity of the elderly woman's last wishes.
Modena, man leaves everything to his "favorite" nephew: battle over €800 inheritance
She had chosen to leave houses and bank accounts worth approximately €800 to a single nephew , designated in the handwritten will as "my favorite ." The protagonist of the case is an 80-year-old woman living in Modena , without a husband or children, who died in 2018. After the will was opened, however, the other nephews excluded from the succession decided to turn to the courts, questioning the validity of their aunt's last wishes.
According to the family, as reported by the Corriere di Bologna , the document was written "by hand ," as the elderly woman suffered from exudative macular degeneration , a serious condition that compromises central vision and can cause significant visual impairment. The appellants' goal was to have the will annulled and proceed with intestate succession, which would have allowed them to participate in the division of the estate.
However, the Modena Tribunal first and the Bologna Court of Appeal subsequently rejected the objections.
The expert report confirms the validity of the will: possible appeal to the Supreme Court
To determine whether the document had actually been compiled by the 80-year-old, the First Civil Section of the Bologna Court of Appeal ordered a handwriting examination . According to the Corriere di Bologna , the examination confirmed the authenticity of the writing: " I believe that the will was entirely written by a single hand , " the expert concluded, also deeming it highly probable that the date indicated was also authentic.
The judges then analyzed the woman's medical records to determine whether, at the time of writing, she was in a condition to independently express her wishes. From this perspective, too, no evidence emerged that would contradict the document's validity: " Nothing emerged regarding cognitive impairment or motor impairments that would impede her normal gestures , including independent writing ." The will was therefore deemed valid due to the "absence of incapacity," and the estate remains with the sole heir designated by the woman. However, following the first- and second-instance decisions, the dispute may not yet be resolved: the excluded grandchildren could decide to appeal to the Supreme Court.