El contenido atípico del testamento en el derecho italiano. Superación del concepto y acto de ultima voluntad

Starting from a historical analysis of the concept of the will, the article seeks to demonstrate its extraordinary potential and, above all, that it is not the only act of last will that exists in the legal system. First of all, it is made clear that the will serves to regulate not only patrimonial interests but also all non-patrimonial interests, even beyond the cases expressly provided for by law.The distinction between the typical and atypical content of a will, which has his- torically served to distinguish between property and non-property dispositions and to exclude the possibility of the latter constituting the content of a will, can today only have a descriptive value and cannot be useful either for defining the concept of a will or for identifying the applicable rules. While it is true that heir- ship and legacies (i.e. the typical content of a will) can only be made by means of a will, it is also true that all other aspects of succession can be regulated not only by means of a will but also by acts of last will other than a will