Revocazione del testamento per sopravvenienza di figli e valutazione legale tipica.

The present paper focuses on Article 687 of the Italian Civil Code. According to our interpretation, this provision refers to a valid will which, despite that, cannot produce any effects, since the testator finds out that he has a child he didn’t know about. According to our interpretation, as explained in the paper, Article 687 applies if the following conditions are met: a) the birth takes place after the will is perfected or, alternatively, it already happened at the time without the testator knowing; and b) after the will is perfected, the child is legally recognised as the testator’s son or daughter. We also argue that Article 687 is rooted on what, in the legislator’s view, the testator would have wanted under the circumstances the provision refers to (i.e., valutazione legale tipica). As pointed out in the paper, the last remark doesn’t mean that it needs to be ascertained what the testator actually wanted in each specific case.