Interpretazione e integrazione ab extrinseco dell’atto testamentario

Di Luigi Nonne -

Since Court of Cassation case law tends to apply contract interpretation rules to testamentary wills, decision no. 7025/2019 of the Court of Cassation provides an opportunity to go through scholars’ opinions on interpretation of mortis causa deeds and to select – within the context of the analysis of the relevant will – the proper meaning to give to the words of the testator in connection with the incorporation by integration of such will in case of gaps in the text. However, decision no. 7025/2019 shows certain shortcomings in the underlying reasoning. It fails to effectively endow with an interpretative value the acts of the testator lacking the formal requirements needed for validly integrating or amending the deed. Indeed, despite not complying with the requirements set under the law, such acts can shed a useful light in order to investigate the will of the testator.