Errors and anomalies, is Berlusconi’s will open to challenge? What to know – Corriere.it

No dispute. From the Berlusconi family no discontent or disappointments emerge after the opening of the Knight’s provisions. Outside, however, rumors are raging especially regarding the last attachment: the holographic will delivered to the notary Roveda by Marta Fascina in an open envelope. Some anomalies and some errors emerge. Sufficient imperfections to justify an appeal should any of the heirs decide to challenge Silvio Berlusconi’s provisions? Giulio Biino, president of the Italian notaries, replies to the six most widespread objections.

Are there elements for challenging the 2022 will delivered in an open envelope and with the caption “if I don’t come back”?
“The fact that that will was contained in an open envelope does not detract from its value. Certainly the wording “if I don’t come back”, if interpreted aseptically, can suggest a decisive condition, therefore destined to drop the will, where the testator, as in our case, returns from the hospital, considering that the card bears the date of 19 January 2022 and since Berlusconi returned, at the time, from hospitalization at the “San Raffaele” hospital, on the occasion of which that will was drawn up. On the other hand, it could also be assumed that that provision referred to any hospitalization subsequent to the dating of the card. Moreover, even the use of the conditional “you should reserve these donations”, referring to the heirs, with regard to the provisions in favor of Marcello Dell’Utri and Marta Fascina can give rise to the doubt that it was a simple wish of the testator and not predictions of an imperative nature”.

Are the 36 lines to allocate assets of 5 billion something unusual?
«In itself, even a substantial patrimony can be assigned with a single line: “I nominate Tizio as my universal heir”. However, it is evident that more articulated provisions could perhaps make the subdivision of a composite galaxy like the Knight’s property complex easier».

Does the fact that Luigi is not mentioned in the 2022 provision exclude him from something?
«Absolutely not, because the disposition in his favor of the legitimate is contained in the first file which is not revoked by either the second or the third. It has been said that not mentioning him in any case excludes him from paying the legacies in favor of Paolo Berlusconi, Marcello Dell’Utri and Marta Fascina. However, it should be remembered that Barbara and Eleonora, although mentioned, are also excluded from this obligation since, like Luigi, they are beneficiaries of the legitimate only, and article 549 of the Civil Code provides that it is not possible to impose “weights” (and the payment of a legacy constitutes a “burden”) on the legitimate».

Is the double quotation of Paolo Berlusconi an error that could raise doubts about the correct interpretation of the will?
«The perplexity that this double arrangement arouses lies precisely in the fact that it has been repeated. Was the will of the testator simply to reiterate it, not remembering that he had already foreseen it, or was it his intention to double the legacy in favor of his brother? In this case, should a discussion arise, the correct intention could only be reconstructed on the basis of the testimonies of those directly involved or of friends and/or acquaintances to whom it had been expressed”.