Considerazioni riguardo alla capacità di fare testamento

Di Giuseppe Werther Romagno -

In the field of succession, there is a growing attitude towards regulating one’s interests, since the capacity to make a will is also recognised for persons who do not normally have the power to manage their patrimonial relationships independently. This phenomenon is attributable to the function performed by the act of last will, which lends itself to satisfying the most intimate needs of the individual and is therefore closely linked to his/her personality. Precisely the characteristics of the will suggest that an interpretive approach should be adopted that aims at safeguarding the act of last will to the utmost, so that the effects of the latter would be destined to fall only in case of impairments likely to affect the intellectual and volitional power of the disposing person in radical terms.