Facing a succession is never simple, especially when strong emotions are combined with legal questions that may seem complex. Often, among the terms that generate the most confusion are intestate heir and legitimate heir. Although they may seem similar, they indicate two very different legal figures, and it is important to know them to understand one’s rights and to face the succession with greater awareness.
Let us see together, in a clear way and with a concrete example, what really distinguishes an intestate heir from a legitimate heir.
Who the intestate heir is
The intestate heir is the one who receives the inheritance in the absence of a will. In this case we speak of intestate succession, governed directly by law. The legislation establishes a hierarchy of relatives entitled to an inheritance share, including:
- spouse
- children
- parents
- brothers and sisters
- other relatives up to the sixth degree
These persons are automatically identified by the codice civile as beneficiaries of the inheritance, on the basis of the closeness of the family relationship. Therefore, if there is no will, the intestate heirs are those whom the law indicates as recipients of the deceased’s estate.
Who the legitimate heir is
The legitimate heir, instead, is a person entitled to a share of the inheritance even in the presence of a will. In this case we speak of reserved share, that is, that part of the inheritance that the law reserves mandatorily for certain family members, regardless of the deceased’s wishes.
The legitimate heirs are:
- the spouse
- the children
- (in the absence of children) the parents
A will cannot entirely exclude these subjects: if it does, the legitimate heir in the succession can bring an action for reduction to obtain their share. The law protects the closest family bonds, ensuring that they are not entirely ignored in the distribution of the estate.
Difference between intestate heir and legitimate heir
To help you bring clarity, here is a concise comparison:
Existence of the will
- Intestate heir: no (but can also exist with a will)
- Legitimate heir: yes (but can also exist without a will)
Source of the right
- Intestate heir: law
- Legitimate heir: law
Automatic right to the inheritance
- Intestate heir: only if there is no will, or if the will does not entirely dispose of the deceased’s estate among the heirs instituted
- Legitimate heir: yes, even with a will
Can they be excluded?
- Intestate heir: yes
- Legitimate heir: no, they are always entitled to a part
This distinction is fundamental, because it directly affects the inheritance shares and how the estate is distributed.
Concrete example: two children and a will
Imagine a father who leaves a will in which he donates his entire estate to a cultural association, excluding his two children. In this case, even though he has written a will, the children are legitimate heirs and are entitled to the reserved share. They can therefore act legally to recover the part that is due to them by law.
If, on the contrary, there had been no will, the children would have been intestate heirs and would have inherited everything, according to the order established by intestate succession.
When understanding the difference really matters
Knowing who is an intestate heir and who is a legitimate heir helps to avoid family conflicts, but also to understand when there is room to act or to defend one’s rights. If you find yourself involved in a succession, knowing these terms allows you to face the moment with greater peace of mind and clarity.
And if something is not clear, do not hesitate to ask for legal support: when speaking of inheritance, every detail counts.
