In 30 seconds
A will is valid if it respects the form required by law (holographic, public or secret) and if the person who made it was capable and free. If it infringes the share reserved to close relatives, it is not void: reduction can be requested. To challenge it you need documents, quick action and, almost always, an attempt at mediation before the lawsuit.
A will is the act by which one disposes of one’s assets for the time after death. Many families discover it only when it is needed: a handwritten sheet that nobody knows is valid, a relative who claims that «dad was no longer lucid», a child who realises he has been excluded. This guide explains how a will is made, which defects make it void or voidable, how to defend yourself and how the firm assists you.
Legal and case-law references
What a will is and which forms exist
A will is a revocable act by which one disposes of one’s assets after death (Art. 587 c.c.). The law allows three main forms.
| Form | How it is made | Points of attention |
|---|---|---|
| Holographic | Written entirely by hand by the testator, dated and signed (Art. 602 c.c.) | No notarial costs and simple. If the handwriting or the signature is missing it is void (Art. 606); the signature must be placed at the end of the provisions and the date must indicate day, month and year. |
| Public | Received by the notary in the presence of two witnesses (four if the testator, being mute, deaf or deaf-mute, is also unable to read) (Art. 603 c.c.) | The testator declares his wishes to the notary, who puts them in writing and reads them aloud before the witnesses: safer as to form. |
| Secret | Written by the testator or by a third party, sealed and delivered to the notary in the presence of two witnesses (Art. 604 c.c. and Art. 605 c.c.) | The seal serves to prevent it from being opened without breakage or alteration. |
For acts requiring a notary, the firm uses the notary Marco Fiorentino, whose notarial office is autonomous and distinct; every client is free to choose the notary.
A frequent case
A problem that often occurs. Frequent case described in general form: names, places and details do not refer to real people or files.
A father from Naples leaves in a drawer a handwritten sheet, with date and signature, giving the house to only one of his two children. After his death the other child claims that the handwriting is not the father’s. To know who is right, one looks at the form, the handwriting and the share reserved to each child.
The most frequent problems
- Doubtful holographic will: the handwriting or signature do not seem to be the deceased’s, the date is missing or uncertain.
- Incapacity of the testator: anyone who was not capable of understanding and willing at the time of the will could not validly dispose (Art. 591 c.c.).
- Vitiated will: the provision can be challenged by anyone with an interest if it is the effect of mistake, duress or fraud; a mistake about the motive counts only if the motive appears in the will and is the only one that determined the testator (Art. 624 c.c.).
- Infringement of the forced share: a will that infringes the share reserved to the spouse, children and, in certain cases, ascendants is not void, but can be reduced (Art. 536 c.c. et seq.).
- A will that cannot be found or successive wills in conflict with each other.
- Forgotten or badly disposed assets: unclear clauses that open disputes among the heirs.
Do you have a similar case? You can submit your documents to the Firm for an assessment, also remotely.
Book a consultationVoid, voidable or to be reduced: the difference
Understanding which category the problem falls into is the first step, because remedies and times change.
| Situation | Consequence | Remedy |
|---|---|---|
| Handwriting or signature missing in the holographic will | Nullity (Art. 606 c.c.) | Action for a declaration of nullity |
| Other defects of form | Voidability (Art. 606 c.c.) | Action for annulment: five years from the execution of the testamentary provisions |
| Incapacity of understanding and willing | Voidability (Art. 591 c.c.) | Action for annulment (five years from the execution of the provisions), with proof of the testator’s condition |
| Mistake, duress or fraud | Voidability (Art. 624 c.c.) | Action for annulment: five years from the discovery of duress, fraud or mistake |
| Infringement of the forced share | The will remains valid, but can be reduced | Action for reduction (see forced share) |
Are you in this situation? Let’s talk.
How to challenge a will: concrete steps
- Gather the documents: the will (or its copy), the death certificate, the family status certificate, the medical records and any other writing useful for comparing the handwriting.
- Check the publication: whoever holds a holographic will must present it to a notary for publication as soon as he learns of the testator’s death (Art. 620 c.c.); check that the procedure was followed.
- Challenge the authorship if you believe the handwriting is not the deceased’s: whoever challenges brings an action for negative declaration on the origin of the handwriting and must prove the facts, while whoever defends the will does not have to request verification. This is a settled position (Cass. SU 12307/2015; Cass. 18363/2018), reaffirmed by Cass. civ., Section II, order no. 12247/2026.
- Attempt mediation: in disputes concerning inheritance succession, an attempt at mediation is, as a rule, a condition for being able to sue (Art. 5 of Legislative Decree 28/2010).
- Sue with the appropriate action (nullity, annulment, reduction) before the competent court.
If you hold a holographic will, you must present it to a notary for publication as soon as you learn of the death (Art. 620): do not alter it and do not get rid of it. If you are the heir or the legatee, reconstruct the history of the assets and do not move anything before a legal assessment.
Mistakes to avoid
- Destroying or «fixing» a will you do not like: whoever suppresses, conceals or alters the will by which the succession would be governed, or uses a forged will, is excluded from the succession as unworthy (Art. 463 c.c.).
- Letting months pass without seeking an opinion, when the deadlines are running.
- Accepting the inheritance without understanding what it entails (see acceptance of the inheritance).
- Dividing the assets orally, without a deed, and discovering years later that there is no proof.
- Making a «do-it-yourself» will with wording copied from the internet.
How the firm assists you
- Examination of the will and of the documents and assessment of the most suitable route: nullity, annulment, reduction or defence of the will.
- Drafting and preventive advice for those who want to make a will in a clear way that is hard to challenge.
- Mediation and negotiation among the heirs, to close the matter without a long lawsuit.
- Litigation when needed, with assistance at all stages.
- Remote consultations throughout Italy. Do you speak English? In a Google Meet video call from a computer we activate automatic Italian-English translation.
For acts requiring a notary, the firm uses the notary Marco Fiorentino, whose notarial office is autonomous and distinct; every client is free to choose the notary.
Where the firm sees clients
Studio Legale Fiorentino sees clients by appointment in Naples (Piazza Giovanni Bovio 22, main office, and Via Monte di Dio 14), in Rome (Via Giorgio Ribotta 21) and in Bari (Corso Giuseppe Mazzini 61). It assists individuals and businesses in Naples and its province and in Campania and, with remote consultations, throughout Italy: documents are sent online and the meeting takes place by phone, on WhatsApp or by video call.
For details and opening hours see the page Where we are and contacts.
Frequently asked questions
QIs a handwritten will valid?
AYes, if it is written entirely by hand by the testator, dated (day, month and year) and signed at the end of the provisions. If the handwriting or the signature is missing it is void.
QHow much time do I have to challenge a will?
AThe action for annulment is time-barred after five years, from the execution of the provisions or, for mistake, duress or fraud, from the discovery; nullity and reduction have different rules. For this reason it is worth having the documents examined right away.
QCan a will exclude a child?
AIt can greatly reduce his share, but not cancel the share reserved to forced heirs. The injured child can ask for reduction.
QIs mediation needed before the lawsuit?
AIn disputes concerning inheritance succession, an attempt at mediation is, as a rule, a condition for the lawsuit to proceed (Art. 5 of Legislative Decree 28/2010).
QCan I revoke my will?
AYes, a will is always revocable and this power cannot be renounced (Art. 679): you can make a new will or revoke the previous one in the ways provided by law.
QCan the firm assist me remotely?
AYes: documents online, phone, WhatsApp or video call, from all over Italy.
Related guides and pages
Do you have a will to make, to defend or to challenge in Naples?
Each situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call. Offices by appointment in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
Informational content updated on October 4, 2026. It does not constitute legal advice.
Read also: Handwritten will found after years in Eboli: is it still valid?.
Main page on the subject: Inheritance and gifts in Naples: all the guides and how to contact the firm →
The route that usually works best
The possible routes
- Action for a declaration of nullity, if the handwriting or the signature is missing.
- Action for annulment, for incapacity, mistake, duress or fraud.
- Action for reduction, if the will infringes the reserved share.
- Defence of the will, if you are the one who has to enforce it.
Which usually works best and why
It depends on the case. First understand which category the problem falls into: nullity, voidability or infringement of the forced share. Remedies and times change. In disputes concerning inheritance succession, as a rule, you must first attempt mediation and only then go to court.
What to do right away
- Gather the will or a copy, the death certificate, the family status certificate and the medical records.
- Check that the holographic will was presented to the notary for publication.
- Have the documents examined before moving the assets, because some deadlines are running.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- If you hold a holographic will, do not alter it and do not get rid of it: it must be presented to a notary as soon as you learn of the death.
- Do not destroy and do not «fix» a will you do not like: whoever suppresses or alters it can be excluded from the succession as unworthy.
- If you want to make a will, avoid wording copied from the internet and have the date, signature and clauses checked.
The Firm also offers remote consultations, with documents sent online, and gives you a written quote before the engagement. I see clients by appointment in Naples, Rome and Bari.
To learn more about inheritance
- Calculation of the forced share and notional reunion (Art. 556 c.c.)
- Succession without a will: who inherits and in which shares
- Representation in succession: when grandchildren step in
- Succession rights of the cohabitant and of the civil partner (Law 76/2016)
- Acceptance of the inheritance with benefit of inventory: when it is advisable and how it is done
- Tacit acceptance of the inheritance: which behaviours trigger it
Other guides on heirs, legacies and wills
- Heir or legatee: differences and debts
- Legacy and legatee: legacy in substitution of the forced share
- Executor of the will: powers, duration and fee
- Debts of the deceased to the bank: how the heirs are liable
- Inheritance with assets or heirs abroad: EU Regulation 650/2012
- Gift of the house to only one child: what the other can do
Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · Public, holographic or secret will: differences, requirements, costs and which to choose (Arts. 601-608 of the Civil Code) · Holographic will: requirements for validity and publication