When a loved one passes away or one starts to plan the transmission of one’s estate, a fundamental question may arise: which type of succession applies, and which is preferable to choose?
The Italian legal system provides for different types of succession, each with specific rules and different practical consequences. In this guide I explain how to find your way among the options, with clear language and concrete examples that can help you to choose the succession most suited to your case.
Understanding what is meant by succession
The succession is the transfer of the assets, rights and obligations of a deceased person to their heirs. This process is automatically triggered on death, but the manner in which it takes place varies depending on whether or not the deceased has drawn up a will.
It is important to know that our legal system distinguishes three main forms:
- intestate succession
- testamentary succession
- necessary succession
Knowing the differences between these types is the first step in understanding which applies to your case and, where possible, in choosing in an informed way.
Intestate succession: when there is no will
Intestate succession automatically applies when a person dies without leaving a will. In this case, Italian law establishes who the heirs are and in what proportion they receive the estate.
Practical example: Mario, single and without children, dies without having made a will. His estate will be divided among his siblings, according to the order and proportions provided by the Codice civile.
Intestate succession is the automatic solution in the absence of a written will, but it may not reflect the deceased’s real intentions. For this reason, it is not always the most suitable for complex family situations.
Testamentary succession: when there is a written will
Testamentary succession is based on the content of a valid will. The testator can decide to whom to leave their assets, within the limits set by the law.
Practical example: Lucia has three children but wishes to leave part of her assets to a friend who has assisted her in the last years. She draws up a public will that respects the mandatory shares for the children and assigns the rest to the friend.
Those who wish to personalise the distribution of their inheritance, to choose the beneficiaries and perhaps to include people outside the family circle, should consider this form. However, the will must be drawn up with care, in order to avoid mistakes or contestations.
Necessary succession: when the law protects the heirs
Necessary succession intervenes when the deceased has made a will, but has impaired the rights of certain family members whom the law considers untouchable, called legitimate heirs: spouse, children and, in their absence, parents.
Practical example: Giuseppe leaves his entire estate to an association, excluding his children. The children, as legitimate heirs, can take legal action to obtain their reserved share.
Necessary succession is not a third way, but a form of protection provided within testamentary succession. It serves to guarantee that certain people receive in any event a part of the inheritance, even against the wishes expressed in the will.
How to choose the most suitable succession
It is not always possible to choose directly which succession applies, but those planning their inheritance can decide how to structure the transmission of assets. Here are some useful criteria:
- If you want your assets to be divided according to the law, intestate succession is sufficient
- If you wish to leave part of your assets to someone in particular, writing a will allows you to opt for testamentary succession
- If you want to avoid contestations, it is important to know the rules on necessary succession in order not to impair the rights of protected heirs
A well-made succession guide and, if needed, qualified advice, can help you to choose with greater confidence, avoiding future surprises or conflicts. Understanding the differences between the types of succession is essential to make informed decisions and to truly safeguard what one leaves and to whom one leaves it.
For those who wish to organise everything correctly, even in the presence of delicate family situations or assets abroad, it can be useful to discuss matters with someone who knows the matter well. Studio Legale Internazionale Boschetti has for years accompanied those who wish to address these topics with clarity, confidentiality and attention to every legal and personal detail.
