but the family proceeds compactly – Corriere.it
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Anomalies and omissions
the paper in which the Knight, with broken handwriting, on 19 January 2022, shortly before being admitted to San Raffaele, invites his heirs (minus one) to donate 100 million to his brother Paolo, as many to Marta Fascina and 30 million to Marcello Dell’Utri. The public document and many, including legal experts, questioned the alleged anomalies and omissions. Although the most evident, perhaps, is not contained in the 15 lines but in an (alleged) non-performance. Let’s see, even in the details.
Dear Marina…
Dear Marina, Piersilvio, Barbara and Eleonora. I’m going to the San Raffaele if I don’t come back please take note of the following: from your inheritances of all my assets you should reserve these donations to …. Let’s analyze the critical points.
Luigi can slip out
1) The omission: one of the five children, Luigi, is missing, the youngest. But maybe it’s just an oversight. The Knight was in poor health and it was not clear whether he was being assisted at the time of writing. When 18 months later Fascina delivers the envelope to the notary, the professional records that it is a “unsealed envelope”. In any case, Luigi could seize the opportunity and not contribute to the 230 million. Or use “forgetfulness” as a means of negotiation. In theory, of course. It’s not two euros but a few tens of millions.
The signature
2) Silvio calls his son “Piersilvio” but he is Pier Silvio. Minimal but indicative detail of the lack of lucidity of the former leader of Forza Italia. Other details, signature not in full: S. Berlusconi. Among other things, it is unusual for a father who writes to his children to sign with a dotted name and surname. I also detail the smallest handwriting for the amount of the donation to Fascina.
Condition precedent
3) If I don’t come back…. But then returned after eight days. So? According to various legal opinions it is about a condition precedent: Berlusconi’s will is clearly subordinated to the occurrence of the future and uncertain event (death in hospital). Returning home would have rendered those provisions ineffective. And therefore the legacy for 230 million could be questioned.
The double 100 million
4) The indication of the 100 million to be reserved for his brother Paolo was already contained in a deed dated 5 October 2020 which at the time the founder of Fininvest personally delivered in trust to the notary Arrigo Roveda. Had he forgotten the 100 million already arranged in favor of his brother? Or are those of the Arcore sheet additional? And why not specify it then?
The envelope in the drawer
5) When Silvio returns from the hospital, in winter 2022, that envelope remains in a drawer of Villa San Martino. The other two letters were instead in the archive of the notary Roveda, delivered, as mentioned, by Berlusconi himself: the 2006 testamentary file in which the available share of the inheritance was attributed to Marina and Pier Silvio in equal parts and the 2020 file with the 100 million to his brother. Why has the last act, that of the 230 million, remained in the drawer and not received a more formal guise like the other two? It is true that the danger had escaped but then hospitalizations followed one another and the Knight had more than a year to give a more solemn form to a piece of paper which is worth 230 million and contains obvious errors. He didn’t.
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