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When marriage invalidates the will

Writer's picture: Avv. Giovanni BabinoAvv. Giovanni Babino


Recently, the Supreme Court of Cassazione (sentence No. 2867 05.02.2021) has decided on interesting case concerning international succession.


In the case examined a British citizen, made a will, and few years later he married an Italian citizen.


When the British citizen died in Italy, a hereditary dispute arose.


The Supreme Court of Cassazione declared null and void the will written before the marriage, according to English Law (the Will Act 1837) that states “In England, Wales and Northern Island it is still a general rule that marriage automatically revokes a will”.


As the Romans said “omnia vincit amor”.


However, if you have any doubts, and if you are British citizen, after the weeding don’t forget to make a new will...

 

Milano, June 27th 2022.

Avv. Giovanni Babino

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