Lets discuss; do you have a will?

Former Italian Prime Minister Silvio Berlusconi left 100 million Euros to his 33-year-old girlfriend in his WILL.

A friend of mine sent this story to me and asked for my view.

Here is the story as reported.

The former Italian Prime Minister Silvio Berlusconi, who died last month, has left 100 million Euros (Rs 9,05,86,54,868) to his 33-year-old girlfriend Marta Fascina in his WILL, as reported. The three-time Italian prime minister’s empire is estimated to be worth more than 6 billion Euros.

Ms. Fascina, a Forza Italia deputy, began a relationship with Mr Berlusconi in March 2020. Though Mr. Berlusconi was not legally married to Ms. Fascina, he reportedly referred to her as his ‘’wife’’ on his deathbed.

The 33-year-old has been a member of the Italian Parliament’s lower chamber since the 2018 general election. She is a member of Forza Italia, the party founded by Mr. Berlusconi in 1994 when he first entered politics.

Meanwhile, his business empire will be controlled by his two eldest children Marina and Pier Silvio. The pair, who already hold executive roles in the business, will have a 53 percent stake in the Fininvest family holding.

He also left 100 million Euros to his brother, Paolo, and 30 million Euros to Marcello Dell’Utri, a former senator with his Forza Italia party who served jail time for association with the mafia.

Mr. Berlusconi, who dominated Italian public life for decades as a billionaire media mogul, businessman, and prime minister, died aged 86 on June 12, 2023. He was admitted to a Milan hospital for what aides said were pre-planned tests related to his leukemia.

His will was read out in the presence of his five children and other witnesses on Tuesday. In the will, he wrote: ‘’I leave the available stock in equal parts to my children Marina and Pier Silvio. I leave all the rest in equal parts to my five children Marina, Pier Silvio, Barbara, Eleonora, and Luigi.’’

He signed off his bequest with the words: “Thanks, so much love to all of you, your Dad.”

I am fascinated by this story, particularly the aspect where he bequeathed a significant sum to someone whom he was not legally married to, but was referred to as “his wife” as reported.

This raised several inquiries in my mind regarding the legitimacy of the Will. Please note that the following statement represents my personal viewpoint as a general opinion.

The following are the key requirements of a valid Will: It must be in writing; It must be signed by the testator; It must be attested to by witnesses.

In Nigeria, every person who has attained the requisite legal age and has sound mental capacity can make a Will.

A blind person can make a Will, provided there is a “jurat“. The purpose of the jurat (which is usually in writing at the bottom of the Will) is to state that the contents of the Will were read over to the blind person and he appears to have perfectly understood the contents before affixing his signature to it.

In the same vein, an illiterate may make a Will provided there is a “jurat“ stating that the contents of the Will were read over to the deceased before its execution and that he has full knowledge of the contents of the Will.

Going further is to the capacity of the testator (the person who wrote the will). The capacity of a person to make a Will includes the attainment of the requisite age and requisite mental capacity.

The question then is, was Prime Minister Silvio Berlusconi of requisite mental capacity when he bequeathed the sum of 100 million euros to his girlfriend?

Let’s discuss. Do you have a Will?

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