Inheritance
Inheritance is a complex legal process, not just a transfer of assets. If not handled properly, it can reduce the value of the estate and lead to lengthy and costly disputes. Whether you are planning for the future or dealing with an existing dispute, having a clear legal strategy is essential to protecting your rights and interests.
Our approach combines in-depth technical knowledge with strategic vision to transform legal complexity into favorable outcomes for clients.
(1) Asset and Succession Planning: We analyze your financial situation to define the best strategy for transferring wealth. We draft wills, family agreements, and deeds of donation with custom clauses designed to optimize the tax burden and minimize the risk of future disputes.
(2) Management and Division of the Estate: We provide comprehensive assistance in accepting an inheritance, including inventory benefits, estate reconstruction, and subsequent division. Our goal is to reach a fair and advantageous agreement by professionally managing negotiations between co-heirs.
(3) Inheritance Litigation: When dialogue is insufficient, we decisively intervene to defend your rights. We are experienced in all areas of inheritance litigation, including contesting wills due to formal defects or incapacity, reduction actions due to infringement of the legitimate share, inheritance petitions, and defense in complex division proceedings.
Legitimate heirs (i "legittimari")
Italian law protects the closest family ties, ensuring that part of the deceased's estate is reserved for specific people, even against their wishes as expressed in a will. This set of intangible rights is based on two key concepts: legitimate heirs and the legitimate share.
Who are the legitimate heirs?
Legitimate heirs are not just heirs; they are beneficiaries of special legal protection. They are entitled to receive a portion of the estate regardless of anything else. The law identifies them precisely:
- the spouse (or surviving partner in a civil union);
- the children (including those born in and out of wedlock and adopted children);
- the ascendants (the decased's parents), but only if the deceased leaces no children.
What is the legitimate share, or "quota legittima"?
The "quota legittima" is the part of the estate of a deceased person that the law designates for his or her closest relatives, the legitimate heirs. Its value varies according to how many family members are entitled to inherit and who they are
To calculate it, one must consider more than just what the deceased left behind. The law requires a complete reconstruction of the estate by adding the value of the assets remaining at the time of death and all donations made during the person's lifetime and subtracting any debts.
Anything outside of the reserved portion is the "available portion," which is the only part of the estate that a person can allocate freely through a will or donations.
If a legitimate heir receives less than they are entitled to, they can take legal action with a "reduction action" to claim their share and obtain what the law guarantees them.
Solid employment and agency contracts and internal policies leave no room for doubt. When friction arises, the court is not the only option. In fact, it is often the last resort. We analyze every scenario to devise the most effective strategy, whether it be targeted negotiation, a favorable settlement agreement, or mediation. We will guide you toward the solution that best protects your company's interests. If a court battle becomes inevitable, your defense will be firm, meticulous, and uncompromising.
Inheritance Without a Will
When someone dies without a will, the Civil Code outlines how their estate will be distributed, ensuring that assets are transferred according to an order based on family ties. This regulation, known as "successione legittima", applies when there is no will, when a will is invalid, or when a will leaves assets unregulated.
The law establishes a precise hierarchy, giving priority to the immediate family.
Descendants and spouses inherit first, excluding all other relatives. If the deceased leaves only one child, the estate is divided equally between the child and the spouse. If there is more than one child, they are entitled to two-thirds of the inheritance, and the spouse is entitled to the remaining third.
If the deceased leaves no children, the spouse still plays a central role but competes with the deceased's family of origin—i.e., parents and siblings—who are entitled to one-third of the estate. If these relatives are missing, the spouse inherits the entire estate.
If there are no children or spouse, the inheritance goes to the parents and siblings. Only if these relatives are absent does the law extend the call to other relatives, following the order of degrees of kinship up to the sixth.
Finally, as the last rule of the system, if no relative can or wants to accept the inheritance, it devolves to the state, which is liable for it up to its acquired value.
Inheritance by Will
A will is the ultimate expression of autonomy, enabling individuals to distribute their assets after their death. For this powerful instrument to be effective, however, it must comply with the specific formal and substantive requirements set forth by law.
Italian law recognizes three main types of wills:
(1) Holographic Will: This is the simplest and most private form of a will. For it to be valid, it must be entirely handwritten, dated, and signed by the testator (the person making the will). Its main advantages are its simplicity and cost-effectiveness, as it does not require a notary. However, it is also the most vulnerable to being lost, destroyed, or challenged regarding its authenticity.
(2) Public Will: This is considered the most secure form of a will. It is drafted by a notary public based on the wishes expressed by the testator in the presence of two witnesses. The notary then reads the will to the testator and witnesses, and all parties sign it. This process ensures the will's legality, authenticity, and that the testator is of sound mind.
(3) Secret Will: This type combines the confidentiality of the holographic will with the security of the public will. The testator can write the will themselves (or have it typed) and sign it on each sheet. The will is then placed in a sealed envelope and delivered to a notary in the presence of two witnesses. The notary drafts a deed of receipt on the envelope, which is then signed by the testator, the witnesses, and the notary. The content of the will remains secret until the testator's death, but its existence and date of deposit are officially recorded.
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