Interpretazione e conservazione degli effetti del testamento

Di Francesco Paolo Patti -

The present contribution provides an examination of the rationales underlying a decision of the Italian Court of Cassation in the field of testamentary interpretation. The author focuses on the problem of identifying the deceased will expressed in a handwritten testament, starting from the ancient institution of the “sostituzione fedecommissaria”. The survey reveals that in cases in which the will of the testator is uncertain the interpretation, which renders the disposition effective, is to be preferred to the one which would not.