Incapacity of the testator: how to prove it

A person who has reached the legal age, who has not been interdicted and who, at the time the deed is drawn up, has full capacity may make a will. Inability to make a will may depend on a permanent illness or on a momentary cause. In the absence of these prerequisites, the will may […]

Is your former spouse preventing you from seeing your children?

The custodial parent is obliged to comply with the judge’s order establishing visitation of the minor children with the other parent. Dangerous rivalry mechanisms are triggered in the context of stormy separations and divorces, which find their outlet in the children, a kind of transversal revenge. A revenge, however, that ends up affecting the emotional […]

Does the divorced spouse have any rights to the former spouse’s inheritance?

Unlike in the case of separation (for which partially different rules apply, influenced also by the possible existence of the debit), divorce eliminates any inheritance rights of the ex, who is no longer an heir by law of the deceased. In such a case, only the contrary expressed in the will and not detrimental to […]

Inheritance of cohabiting partner

Inheritance of cohabiting partner In the absence of children, ascendants and siblings, the surviving spouse is entitled to the entire inheritance. A spouse divorced by a final judgment is excluded from the succession. In matters of de facto couples and civil unions, the law confers the same rights as those arising from the marriage bond. […]

Parental agreements on child maintenance: are they valid?

Parental agreements on child maintenance: are they valid? When two parents split up, it is necessary to come to an agreement regarding the children. Custody, maintenance, choosing the house in which they will live: these are just some of the many aspects that need to be taken into account to protect minor children, who are […]