Note sul dolo nella impugnazione del testamento

Are the rules governing contractual intent applicable to testamentary intent? Probably not, because testamentary fraud has been regulated to protect interests different from those targeted in the context of contractual fraud. In determining the intent that leads to the annulment of a will, the legislature intended to emphasize the discrepancy between the disposition and the one the decedent would have made had he or she had an accurate perception of reality: with the primary aim of safeguarding the purity of the testator’s intent, and in the absence of a counterparty who could claim reliance, Article 624, paragraph 1, of the Civil Code permits the annulment of a provision that is simply the result of a false representation of the facts induced by the disruptive actions of others—even in the absence of a conspiracy—without imposing punitive consequences and while preserving the beneficiary’s right to inherit by intestate succession or pursuant to a different will. For the purposes of challenging a will on the grounds of fraud, therefore, one must take into account not only deception and trickery, but also concealment and falsehood, as well as advice and inducements. On the other hand, fraud sufficient to invalidate a will does not necessarily constitute grounds for disinheritance, since Article 463(4) of the Civil Code —which, unlike Article 624 of the Civil Code, imposes a punitive consequence by excluding the beneficiary from the succession—imposes liability on the deceiver arising from the fraudulent conduct through which he or she influenced the testator.