Managing peacefully the generational handover of the family estate is a wish common to many families. In this context, the donation as anticipation of the inheritance is a tool often used, but not always known in its legal and fiscal aspects. When one acts out of love or for practicality, it is easy to underestimate the risks of the anticipation of the inheritance, which can also emerge years later, compromising family relationships and the peace of mind one wished to protect.
Let us look together at how the anticipation of the inheritance works, what pitfalls it can hide and what is worth assessing in good patrimonial planning.
How the anticipation of the inheritance works and why it is so widespread
The anticipation of the inheritance is a legal institution that is realised, in practice, through a donation made by a parent or other family member during life, with the intention that that sum or asset enters into the future inheritance. It is a gesture often based on trust and affection, and which has the aim of “helping in advance” the children or other heirs, without waiting for the opening of the succession.
Italian law considers these donations as “anticipations” for all purposes: this means that, at the moment of the succession, the amount or value of the assets received will have to be collated, that is, taken into account in the division of the inheritance, in order to respect the shares due to the other heirs.
The functioning of the anticipation of the inheritance is therefore more complex than it appears: if it is not accompanied by clear documentation and a shared vision among the family members, it can create imbalances and disputes.
The hidden risks of the anticipation of the inheritance
The greatest danger is to act in good faith, but without full awareness of the legal consequences. One of the most common risks of the anticipation of the inheritance concerns the impairment of the reserved share, that is, the part of the inheritance that is due by law to certain heirs (such as children or spouse). If the donation during life reduces or compromises these shares, the other heirs can act legally even years later, requesting the recalculation of the estate.
Another aspect not to be underestimated concerns the taxes on the anticipation of the inheritance. Donations, indeed, are subject to taxation: even though among family members the exemption thresholds are quite high, it is always a good idea to assess the fiscal burden and any notarial expenses.
Finally, there is a less evident but equally delicate risk: the perception of “favouritism” between brothers or sisters. Even if a donation is made with good intentions, it can generate misunderstandings, tensions or suspicions, especially in the absence of dialogue and transparency.
How to prevent problems with good patrimonial planning
To avoid misunderstandings and protect family peace of mind, patrimonial planning is the most effective tool. It means thinking in advance, with calm and clarity, about how to distribute the assets and at what timeframes. In this process, the support of a notary or a legal advisor can make the difference, not only in correctly drafting the deeds of donation, but also in assessing the fiscal and succession impact of the operation.
Here are some useful tips:
- Inform all the heirs of the intentions, in order to avoid future surprises.
- Specify clearly in the deed of donation that it is an anticipation of the inheritance, so that it is collated at the time of the succession.
- Keep all documentation relating to transfers of money or assets.
- Verify compliance with the reserved shares, in order not to incur future legal actions.
- Consider the option of the will, which can help to rebalance any disparities.
Preventing does not just mean protecting oneself from legal problems: it means above all keeping intact the trust and harmony among one’s loved ones, which is then the true objective of those who decide to act in good time.
