Bologna, September 10, 2026 – Luigi Balestra, full professor of Civil Law at the Law School of Alma Mater and lawyer at ’Balestra & Partners’ based in Piazza Santo Stefano, the will of Guccini has been opened and published. What happens now?
“It depends on the wishes of the heirs, who are two: Raffaella, the surviving wife of the singer-songwriter, and Teresa, the daughter.”
What technically belongs to both?
“The spouse and daughter are entitled to a reserved portion. Specifically, since there is only one daughter, the spouse is entitled to one third of the estate, and one third belongs to the only daughter.”
What happens here?
“However, Guccini appointed the wife Raffaella as universal heir, but also granted a legacy in lieu of the reserved portion to the daughter.”
So, what can Teresa do?
“Accept the legacy in lieu of the reserved portion, so she obtains what is established in the legacy, but loses the right to claim any supplement if it is found that the legacy is of lesser value than the reserved portion.”
Guccini had also drawn up a first will in 2015, but the principle applies that the testator can change their mind at any time and therefore can revoke the previous one
Or?
“Otherwise, she can renounce the legacy and take action for reduction against the universal heir to obtain the reserved portion. An action to be exercised through civil litigation. In summary, what was obtained by testamentary succession is reduced – possibly also calculating donations made during life – until the reserved portion due is restored.”
How is the reserved portion calculated?
“It is a delicate calculation. You have to calculate the estate assets, that is what remains in the deceased’s estate at the time of death, add the donations made during life, both indirect and direct. From this sum, debts are deducted: the amount thus determined is the basis for calculating the reserved portion.”
When, instead, can a will be challenged?
“For various reasons, for example when it is null or voidable, the same action of reduction against the testamentary heir has the characteristics of a challenge.”
Guccini had drawn up a first will in 2015. By law, does it no longer have value?
“The principle applies that the testator can change their mind at any time and therefore can revoke the previous will, either explicitly or implicitly.”
What is meant by implicit revocation?
“When the two documents are not compatible, in whole or in part. For example, if with a first will a person is appointed universal heir and with a second will a different person.”
How many cases of tension and disagreement occur when the last wills are opened?
“Many. In these cases, a tangle of feelings comes into play, where people grieve over the treatment received and contest the will expressed by the testator. This also depends on an outdated system of succession rules that should be adapted to socio-economic changes. Moreover, very often the cases are long, and during the judicial process the will to reach a settlement matures, where everyone gives up something just to put behind often painful family events.”
