Appunti sul divieto di impugnazione del testamento (original) (raw)

2019, 2019-2 INSCHIBBOLETH ARCHIVIO STORICO E GIURIDICO SARDO DI SASSARI

The testamentary clause that prohibits to contest the relevant will has an articulated content. Indeed, the testator pursues the goal of keeping in force the entirety of his will by providing that a breach of such prohibition entails the automatic forfeiture of any right arising thereunder. The clause aims, in general, at preventing judiciary proceedings since, once commenced, they are able to result in a forfeiture event. However, grounded judicial proceedings fall outside the scope of the clause, whose purpose is to prevent rash litigations. Therefore, filing an action on the grounds of nullity of the will is permitted, while a forfeiture clause providing for the forfeiture of a forced heir (legittimario) from his rights to the allotted discretionary portion of inheritance (quota disponibile) should be deemed lawful as well. In any case, even if commenced in good faith by the heir or the legatee (legatario), a judicial proceeding adversely determined would imply the forfeiture of the relevant testamentary disposition.

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