It has not been and will not be the first time that a person decides to change the will not to leave the inheritance to the relatives, which causes this often to end in disputes. Sometimes this can be for millionaire quantities that make them end up in court. A case is that of Anna Malfati, an 87 -year -old retiree who decided not to leave her inheritance valued at 5 million euros to her eight grandchildren to give her to her home and caregiver employee, who attended and was company during the last days of her life.
It all starts in 2022, when Anna Malfati, an 87 -year -old Italian old woman, goes to the notary to make a will and leave her entire heritage to her home and caregiver employee, who had taken care of in recent years. The document, according to the defense, was signed with all the legal guarantees, in addition that it was recorded on video in which she was shown as this woman in a lucid state to sign the will and even correcting the notary when she mentions the name of the beneficiary.
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Not only that, but a month after the firm, the caregiver got a notarial power, which reinforced her role as a person of trust of the octogenarian. “She continued to bed at night, by express desire of Mrs. Malfatti,” said the defense lawyer, underlining the close relationship they had even after the employment relationship had ended formally.
Malfati’s inheritance was no small thing, because it consisted of a million euros in money in the effective money and six apartments distributed throughout Italy, with a total value of 5 million euros. In spite of everything and far from immediately accepting that fortune, the caregiver decided to wait. As his lawyer explained, “he does not want to take a false step until justice fully recognizes him as a universal heiress.”
On the contrary, the eight grandchildren of the Baroness appealed to the courts, considering that it was not fair and that his grandmother was not in a mental conditions to grant that will. In the accusation letter they affirmed that the caregiver “took advantage of the cognitive impairment of women to put the inheritance in their name.”
Inheritance
Due to this dispute they decided to go to court, and the Ravereto Prosecutor’s Office, a city where Malfati resided, decided to impute the caregiver for alleged manipulation of a vulnerable person. In addition, they ordered all inheritance to seize, at least until the process was resolved.
This was so, because the grandchildren contributed a psychiatric report in which it was detailed that this woman had a quite severe mental deterioration and that it began months before her death, around November 2023. That document has been and is the main pillar of the defense of the grandchildren, who claim to cancel the last will of her grandmother.
Now, in the face of these accusations and prejudices, the lawyer of the caregiver and employee of the home defended himself. “In civil demand, reference is made to the lineage and the family tradition, as if my client had not meant anything for the baroness,” said the lawyer, who added that “this shows a racist component, even if it is unconscious.”
In addition, he recalled that the relationship between the two was much more than work: “It was a constant presence, someone in which Malfati fully trusted in the most intimate moments of her daily life.”
Now, the future is in the hands of the judge and where the sentence will be marked by the recorded video where the woman is seen to make the will, since in it it appears conscious, firm and correcting the notary in the act of the firm, which for the defense “demonstrates that her will was clear and unequivocal.” With all the elements on the table, the court must decide whether the last will of Malfati prevails or if, on the contrary, the grandchildren manage to cancel the will and recover the goods in dispute.