Questione giuridica chiave
Whether the 1983 will was voidable for testator error under Art. 519(1) No. 2 CC
Decisione estratta
The appellant did not show not only an error but also that the testatrix would probably have preferred to отмен?
Motivazione estratta
The court held that annulment for motive error requires making it probable that, had the testator known the true situation, the disposition would have been eliminated. The appellant failed to make that second condition probable. The will itself showed an intent to correct earlier advantages to the son, so it was not plausible that the testatrix would instead have maintained a more favorable position for him.