Testamenti simultanei, patto successorio e principio di conservazione

Di Salvatore Patti -

The essay critically examines the case law opinion which, in the event of simultaneous wills, having the same date and identical content, presumes the existence of a contract of inheritance and, therefore, considers the two wills to be null and void. The author points out that, by doing so, the principle of preservation of the will, applied widely by the courts even in cases where the testator’s absence of consent is obvious, is not taken into account. Moreover, the author notices that, despite the alleged contract, each of the testators would have in any case the possibility to revoke or modify his/her own will.