Sale of Property Nullified if the Will Is False

Tribunal of Salerno – Judgment No. 4015 of 9 October 2025 – Civil Division II

The Tribunal of Salerno declared nonexistent and therefore null a holographic Will found not to have been written or signed by its supposed author, resulting in the invalidity of the property sale executed on the basis of that false inheritance title.

The decision reaffirms a fundamental principle: when a holographic Will is not handwritten by the testator, it is not a case of formal defect but of nonexistence of the legal act, since the testator’s expression of will is missing. The notarial publication of the document, in fact, does not certify the authenticity of the handwriting but merely attests to its material existence.

The Case

A niece challenged a holographic Will published in 2013, by which her late aunt had named another relative as universal heir. Believing the document to be false, the claimant initiated a preliminary technical assessment under Article 696-bis of the Italian Code of Civil Procedure, which revealed that neither the writing nor the signature belonged to the deceased.

Despite this, the “apparent heir” sold a property from the estate for €100,000, with deferred payments, no interest, and no real guarantees. Once the falsity of the will was established, the legitimate heir sought the nullity of both the will and the sale deed.

Effects on the Sale

The nullity of the will also invalidated the subsequent sale executed by the apparent heir. The buyer had invoked the protection provided by Article 534 of the Italian Civil Code (purchase from an apparent heir), but the Tribunal rejected the existence of “qualified good faith,” noting several irregularities:

• deferred price payments,

• absence of interest and guarantees,

• non-payment of the final installment.

As a result, the Tribunal ordered:

• the nullity of the Will,

• the nullity of the sale deed,

• the return of the property to the rightful heir,

• and the repayment by the alleged heir to the buyer of €60,000, corresponding to the sums actually paid.

  
  

In Conclusion

The judgment highlights the substantive role of form in a holographic Will: handwriting is not a detail, but the very guarantee of the testator’s genuine intent.

It also serves as a warning to third-party buyers: the good faith protected under Article 534 of the Italian

Civil Code requires effective diligence and accurate verification of ownership and registrations. It cannot be invoked lightly when the purchase conditions appear irregular.

A false will is not an “irregular” one — it is legally nonexistent.Those who purchase property from an “heir” relying on such a document cannot rely on appearances unless they can prove they acted with prudence and genuine good faith.

#realestate #inheritance #will #italianlaw