In judgment no. 25476 of 17 September 2026, the Italian Supreme Court of Cassation held that when the guardianship judge authorises a support administrator (amministratore di sostegno) to invest the beneficiary’s funds in a life insurance policy, that authorisation does not also give the administrator the power to designate the policy’s beneficiaries. That power must be expressly granted, even where the designation is made through a generic reference to the “legal heirs”.
In the case at hand, the application to the court concerned investment in a life insurance policy or equivalent instruments. The administrator then designated the legal heirs as beneficiaries, and both the Court of Rome and the Rome Court of Appeal held that this choice fell within the authorisation. The Court of Cassation disagreed. It set aside the decision and remanded the case, finding that the designation went beyond the scope of the administrator’s mandate and beyond the conservative purpose of the investment. In effect, the administrator’s “choice” diverted the sum away from the testamentary heir chosen by the beneficiary himself.
The designation is voidable under Article 412(1) of the Italian Civil Code. However, the invalidity affects only that clause, which is not an essential element of the contract, so the policy itself remains valid. With the designation void, the capital falls back into the deceased’s estate and passes under the will.
