The AIRO Institute of Private Investigations conducts investigations aimed at gathering information requested by private citizens for verifications regarding inheritances and successions.

THE SUCCESSION

Succession is the legal procedure of transferring the hereditary estate from the deceased person, the de cuius, to the heirs.
Jurisprudence explains the concept of the hereditary estate by referring to it as the set of active and passive property relations that can be transferred at the time of death. The inheritance of the de cuius thus includes the assets, credits, and debts of the deceased person.

Types of Succession

The legal system provides for certain types of succession:

  • Testamentary, defined as the succession deriving from the will drafted by the de cuius, with which they have disposed of their assets for the period following death; the will can be public if signed in the presence of a Notary (art. 603 of the civil code), holographic if written entirely by hand without the presence of a notary (art. 602 of the civil code), secret (art. 604 of the civil code), special (art. 609 - 611 - 616 of the civil code).
  • Legitimate refers to situations where, in the absence of a will, the inheritance is legally devolved to relatives up to the sixth degree of the deceased; in the absence of these subjects, the State inherits and is liable for debts only up to the limit of the credits included in the hereditary estate.

ACTIVITIES CARRIED OUT BY THE AIRO INVESTIGATIVE INSTITUTE IN THE FIELD OF SUCCESSIONS

  • search for heirs;
  • Handwriting analysis of the holographic will;
  • identify the hereditary axis;
  • ascertain whether the deceased acted with full freedom and capacity to understand and to will or if they were subject to pressure and deceit by third parties.

Judgment of the Court of Cassation

  • according to the Supreme Court (section II no. 2702/2019), regarding public wills, the mental health status of the testator, even if considered and declared by the notary due to the absence of apparent signs of incapacity of the testator himself, can be contested by any means of proof, without the need to file a complaint of falsity because, pursuant to art. 2700 of the civil code, the public act provides full proof of the declarations of the parties and other facts that the public official certifies to have occurred in his presence or performed by him, but within the limits of only the material activity, immediately and directly requested, perceived, and observed by the same public official in the exercise of his functions.

Contact us