With judgment no. 2648 of 6 February 2026, the Italian Supreme Court returned to the delicate relationship between guardianship (amministrazione di sostegno) and testamentary capacity, providing clarification of particular practical significance for notaries and legal practitioners.
The case arose from disciplinary proceedings against a notary who had received a public will in the presence of the testatrix’s guardian, on the basis of a generic authorisation issued by the supervising judge. The Supreme Court upheld the sanction of suspension, affirming a clear principle: under Article 603(2) of the Italian Civil Code, a public will is a strictly personal act that does not allow representation or assistance, except in the exceptional cases expressly provided for by law.
The decision aligns with the established case law according to which a beneficiary of guardianship retains full legal capacity for all acts not expressly restricted. Testamentary capacity likewise remains intact, unless the supervising judge specifically and duly orders a limitation pursuant to Article 411(4) of the Civil Code. A generic authorisation, however, cannot override the statutory structure of a public will.
In this way, the Court reinforces the principle of the testator’s freedom of self-determination, emphasising that the presence of third parties not contemplated within the formal procedure laid down by law—even if motivated by protective purposes—may compromise the genuineness of the testator’s intent.
