Many parents, in moments of conflict or strong disappointment, wonder whether a child can be disinherited. It is a legitimate question, often accompanied by strong emotions and complex family contexts. But the answer is not as simple as it may seem. Italian law on disinheritance provides for precise limits to protect certain subjects, including precisely the children.
In this article we will see what the law says on disinheritance, who the legitimate heirs are and in which cases it is really possible to exclude a child from the will.
Disinheritance and rights of children: what the codice civile provides
In the Italian legal system, children fall within the category of legitimate heirs, that is those subjects who, by law, are entitled to a minimum share of the inheritance, even against the wishes expressed in the will. This means that, in general terms, it is not possible to disinherit a child simply with a declaration of will. However, even if disinheritance were to occur, it will then be up to the disinherited subject to assess a judicial action to safeguard their position.
The law establishes that the legitimate heirs are:
- the spouse
- the children (natural, legitimate or adopted)
- in the absence of children, the ascendants (parents)
These subjects are due a part of the estate that cannot be taken away from them, even through testamentary dispositions. It is a protection provided by inheritance law to safeguard the fundamental inheritance rights of the family unit.
When it is possible to exclude a child from the inheritance
Disinheritance in Italy must not be confused with grounds of unworthiness, admitted only in very precise and serious cases, established by the law, such as for example:
- having attempted to kill the parent
- having committed serious crimes against the parent
- having forged or destroyed the deceased’s will
- having slandered or made serious false accusations against the parent
In such cases, the child can be excluded from the inheritance, but writing it in the will is not enough: the unlawful behaviour must be ascertained and documented, often also in court, integrating legitimate grounds for excluding the heir, otherwise that behaviour has no legal value. In such cases, the child can in any event take action to enforce their rights as a legitimate heir and obtain the share of inheritance due to them.
The will and the role of the reserved share in the succession
When drafting a will, it is important to know that the succession is not completely free. Those who dispose of their assets must respect the reserved shares reserved for heirs protected by law.
In the case of children, the share varies depending on the presence of other legitimate heirs:
- If there is only one child, their share is half of the estate
- If there are several children, they are collectively entitled to two thirds
- If there is also a spouse, the percentages are apportioned according to the legislation
The remaining part of the estate is called “disposable share” and can be freely assigned to anyone. But the part reserved for the children cannot be touched.
Many family conflicts arise precisely from a will that does not take these balances into account. For this reason it is essential to act with awareness, respecting the law and avoiding dispositions that could be challenged.
Frequently asked questions on disinheriting children
If a child is excluded from the will, can they challenge it? Yes, the child can take legal action to obtain their reserved share.
Can a parent donate everything to another child during life in order to exclude the others? Yes, they can do so. Consequently, the excluded children can take action for the reinstatement of their share.
What happens if a child has interrupted relations with the parent? Even the absence of personal relations does not, in itself, constitute a valid ground for disinheritance. The right to the reserved share remains intact, save in serious and ascertained situations.
Understanding what Italian law really provides when speaking of wills and children is essential to avoid mistakes, misunderstandings or decisions that could generate disputes. The temptation to act autonomously, driven by personal motivations, can lead to ineffective or contestable wills.
Those wishing to delve into these topics with care and clarity may find it useful to discuss matters with professionals experienced in succession and inheritance rights, able to offer clear indications and solutions respectful of family balances and of the legislation in force. Studio Legale Internazionale Boschetti has for years assisted those who wish to face these choices with awareness and concrete protection.
