When a person passes away, Italian law provides precise timeframes and methods to manage the inheritance. But what happens if ten years go by and no one does anything? A succession after 10 years may seem a rare situation, but it happens more often than is thought. Divided families, distant heirs, lack of interest or simple confusion: the reasons can be many.

Addressing the topic means clarifying doubts and fears, offering guidance to those in a situation of uncertainty. The aim is to understand whether and when the right to inherit is lost, what the concrete risks are and what can still be done after so many years of inactivity.

Succession not opened: what the law provides after ten years

Italian law establishes that acceptance of the inheritance must take place within ten years of the opening of the succession, that is, from the date of death of the deceased. This time limit is not casual: after ten years the so-called prescription of the succession is triggered, and the heirs lose the right to accept the inheritance if they have not performed any act demonstrating their will.

In practice, if no one files the inheritance declaration or carries out actions that entail tacit acceptance (such as, for example, paying the deceased’s debts or managing their assets), the inheritance is considered unclaimed. This does not mean that everything is lost, but it is essential to assess on a case-by-case basis.

A key element is to understand whether there have been interruptions of the prescription, because in the presence of certain acts or situations (such as a lawsuit between heirs) the ten years can start over again. In the absence of interruptions, however, the right is definitively extinguished.

Rights and risks: when the inheritance is not claimed

Many fear that an unclaimed inheritance will end up with the State. In reality, this happens only in the absolute absence of heirs or if all of them renounce. If, instead, someone is entitled but has never acted, after ten years they risk losing every claim.

The rights of heirs after 10 years can only be saved if there have been interrupting acts or if acceptance, even merely tacit, can be demonstrated. For example, if an heir has continued to pay the taxes on the deceased’s house or to manage the bank account, these behaviours may have legal value.

It is important to know that the prescription does not concern only acceptance, but also connected rights: the possibility of claiming assets, contesting a division or challenging a will. Leaving a succession dormant for too long can therefore create legal gaps that are difficult to fill.

What to do if the succession has been dormant for years

If you realise that a succession has remained inactive for years, the first step is to verify whether the ten-year time limit has actually elapsed. Targeted legal advice can clarify whether there is still room for action.

In some cases, it is possible to reconstruct the will to accept even after a long time, through concrete evidence. In others, it may be necessary to consider alternative actions, such as claims based on adverse possession or protection of other connected rights.

The management of an inheritance, especially when time complicates the situation, requires attention and competence. Every case has its specific features, and relying on an experienced law firm can make the difference between losing a right and recovering it lawfully.

Those who find themselves in this situation should not feel alone. There are legal tools and room for action even when everything seems standstill. And sometimes, a discussion with someone who knows the matter well can offer more than one way out.

Studio Legale Boschetti, with its experience in family law and successions, is available to assess every case with confidentiality and competence.

The transmission of the estate from one generation to the next is a crucial moment in the life of a family. It is not just an economic aspect, but also one of balance, responsibility and long-term vision. Approaching the generational handover of the family estate with awareness means safeguarding what has been built and ensuring stability for one’s heirs.

In this in-depth analysis we look at why it is important to plan in good time, what risks the lack of strategy entails and how an expert succession lawyer can guide this process in a secure and personalised way.

Why to plan the generational handover of family assets

Many families tend to postpone the moment of inheritance planning, convinced that “there will be time” or that “the heirs will take care of it”. In reality, the management of the family estate is an activity that requires method and foresight, especially when one wishes to avoid misunderstandings, disputes or solutions imposed by the law.

Planning makes it possible to:

• define in advance the destination of movable assets, real estate and company shareholdings
• take into account the specific needs of each heir
• organise the inheritance in a fiscally efficient manner
• respect the legal constraints on the family succession without giving up decision-making freedom

In short, planning is an act of responsibility towards oneself and towards those who will come after.

The risks of the lack of inheritance planning

When the transfer of the family estate takes place in the absence of clear guidance, there is a risk that the inheritance becomes a source of tension and uncertainty. Some concrete examples:

• automatic application of the legal succession, which might not reflect the will of the deceased
• conflicts between siblings or other heirs over the division of assets
• difficulties in managing shared company shares
• increased fiscal pressure due to lack of optimisation
• temporary blocks on assets (e.g. real estate or bank accounts) due to unplanned procedures

Correct planning of the family estate helps to prevent these situations, avoiding important choices being delegated to chance or to judicial decisions.

The legal tools to safeguard and transfer assets

Italian law offers numerous tools for those who wish to organise a family succession effectively and in line with their intentions. Some of the most used are:

• will: it can be holographic, public or secret, and allows one to dispose of one’s assets according to personal criteria
• donations: they can anticipate the transfer of certain assets, but must be assessed carefully to avoid imbalances
• patti di famiglia: reserved for entrepreneurial contexts, they are useful for regulating the transfer of company shareholdings
• fondo patrimoniale or trust: more advanced tools for the protection of the family’s estate, especially in case of complex or international situations

Each solution must be assessed on the basis of the type of estate, the family composition and the long-term objectives.

The role of the expert succession lawyer in family planning

Relying on an expert succession lawyer means addressing the topic with greater peace of mind and greater clarity. A professional can:

• analyse the patrimonial and family situation in detail
• propose the most suitable solutions for the specific case
• draft valid and unambiguous deeds
• collaborate with notaries and tax consultants for integrated planning
• follow the family also in the phase subsequent to the opening of the succession

For Italian and foreign families with assets in Italy, this figure represents a reliable point of reference for building a personalised succession path, consistent with the legislation and respectful of wishes. Taking care of the generational handover of the family estate is much more than a formality. It is a gesture of care and protection towards those who will come after, but also a way to strengthen cohesion and clarity within one’s own family.

When it comes to succession, planning and protection of the estate, every detail counts. Studio Legale Boschetti accompanies with discretion those who wish to address these topics in a structured and aware way, offering concrete and personalised support at the Italian and international level.

Every family business carries with it a story made of commitment, vision and sacrifice. But when the time comes to pass on what has been built, there is not always the same attention to planning. Yet, transferring business assets in an orderly manner is one of the most delicate and decisive steps for the continuity of the business.

Too often the weight of postponed decisions is underestimated, until one finds oneself managing a business succession in conditions of urgency, confusion or family conflict. Real protection of the business, instead, begins much earlier.

What happens if the generational handover of the business is ignored

The business succession is not just a matter of will. It is a phase that concerns family balance, the economic value and the management stability of the activity.

When a clear vision is missing, serious consequences can be generated:

• block of business decisions
• conflicts between heirs with different roles and expectations
• dispersion of assets and know-how
• unforeseen and poorly managed taxes
• loss of value and reputation of the business on the market

The generational handover of the business is not a sudden event, but a process to be governed. Letting the law decide “who inherits what” exposes the company to risks that can often be avoided with simple preventive planning.

Why planning the business assets in advance is a strategic choice

An entrepreneur who has built value over time knows that management does not end with daily activity. True vision is measured in the ability to ensure continuity and solidity beyond one’s own presence.

The planning of business assets makes it possible to:

• clearly define the future structure of governance
• distinguish personal assets from business ones
• assess legal tools such as holdings, family agreements, donations or targeted wills
• protect the family business without compromising the unity between the heirs
• optimise the fiscal impact of the transfer

Each company is a world of its own. For this reason there is no solution that works for everyone, but there is a method: reflect, analyse, decide in time.

How to set up an effective business succession

Planning does not just mean foreseeing the future, but also building the conditions for that future to be solid and shared. The management of entrepreneurial assets requires an in-depth assessment of the available tools and of the people involved.

Those wishing to transfer a company effectively should:

• begin a structured dialogue with family members and heirs
• identify long-term personal and entrepreneurial objectives
• involve legal and tax consultants from the early stages
• draft consistent and legally solid deeds
• monitor the process over time, adapting it to the changes of the family and of the market

The protection of the family business arises from the awareness that the solidity of a business is also measured in its ability to survive its founder. And in this, the support of a competent law firm can make the difference between improvisation and strategy. Facing the transmission of business assets with clarity and method is one of the most mature and responsible decisions an entrepreneur can take.

Planning means safeguarding not only capital, but a story. For those who wish to do so with care and confidentiality, it is possible to count on professionals who know the matter thoroughly. Studio Legale Internazionale Boschetti accompanies Italian and international entrepreneurial families in defining personalised legal solutions, oriented to continuity, peace of mind and solidity over time.

When a succession with a will is opened, it can happen that one or more heirs realise that they have been excluded or penalised in the dispositions left by the deceased. In such cases it is natural to wonder whether the will is valid and what the heir can do to safeguard their rights.

Italian law recognises specific protection to certain family members, called legitimate heirs, to whom a share of the inheritance is due by law, even against the wishes expressed in the will. If this share is violated, we speak of a will impairing the reserved share.

Who the legitimate heirs are and what the law guarantees

Italian law identifies as legitimate heirs the spouse, the children (including adopted children) and, in the absence of children, the parents. To each of these subjects a minimum share of the inheritance is reserved, called reserved share.

This rule applies both in the presence of testamentary succession, and in situations in which the will is drawn up in favour of third parties, excluding the closest family members. In such cases an impairment of the reserved share can occur, which gives the right to take legal action to obtain what is due.

Example: if a father leaves his entire estate to a single child, excluding the others, the latter, if legitimate heirs, can contest the will.

How to recognise a will impairing the reserved share

Understanding whether one is faced with a will impairing the reserved share requires an analysis of the overall estate and of the testamentary dispositions. It is not enough to be excluded from the will to take action: it is necessary to verify whether one’s reserved share has effectively been violated.

The fundamental steps are:

• Reconstruct the entire value of the inheritance, including any donations made during life
• Compare the dispositions of the will with the shares provided for the legitimate heirs
• Verify whether one’s share has been respected or reduced below the legal minimum

Only after these assessments will it be possible to decide whether to start a legal action.

What the heir can do in the case of a will that impairs

If an impairment of the reserved share is ascertained, the heir can act through the azione di riduzione. This is a tool provided by the codice civile to restore inheritance balance and to ensure the rights of legitimate heirs.

The azione di riduzione can be exercised against:

• those who have received assets in excess of the disposable share
• donees who have benefited from transfers during life
• other heirs who appear to be disproportionately favoured

It is important to know that the action must be brought within 10 years from the opening of the succession.

In some cases, it may also be necessary to challenge a will for formal defects or because drawn up in invalid conditions (for example, in the presence of incapacity or undue pressures).

How to act correctly to protect one’s rights

When an impairment of the reserved share is suspected, it is essential to act methodically and without rushing. Each succession and reserved share has its own particularities, and before starting a legal action it is always advisable to gather all the elements useful for an accurate assessment.

Here are some practical tips:

• Turn to a lawyer experienced in successions for an initial analysis of the case
• Verify with precision the content of the will and any donations made during life
• Avoid informal agreements between heirs without a legal assessment
• Act within the timeframes provided by law, avoiding prescription

Frequently asked questions on the reserved share and challenging the will

Can an heir be entirely excluded from the will? Yes, but in this case it is possible to act to obtain the share provided by law.

Is the will valid even if it violates the reserved share? Yes, but it can be reduced in the part that exceeds, in order to restore the rights of the impaired heirs.

Is a notary needed to start the azione di riduzione? No, it is a judicial action that is brought through a lawyer.

What happens if many years have passed since the opening of the succession? If more than 10 years have passed, the right to the azione di riduzione may have prescribed. Facing a succession with a will that seems to ignore the rights of the legitimate heirs can create uncertainty and unease. But Italian law offers precise tools of protection for those who have received less than what is due to them.

In situations such as these, relying on a professional experienced in succession matters can help to clarify one’s rights and decide how to act, with balance and awareness. Studio Legale Internazionale Boschetti assists with confidentiality those who wish to safeguard their inheritance interests in compliance with the rules and with the family’s wishes.

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.

Drawing up a will is an important choice, which makes it possible to safeguard one’s assets, one’s wishes and one’s family members. Yet many people do not know that there are various types of will provided for by Italian law, each with specific characteristics, requirements and advantages.

Knowing the differences between wills is essential to decide which will to choose on the basis of one’s personal, family or patrimonial needs. This guide offers a clear and complete overview, useful also for those who live abroad but have interests in Italy, or wish to better understand how succession works in our legal system.

The main types of will provided for by Italian law

In the Italian legal system there are three main forms of will:

• holographic will
• public will
• secret will

All of them are valid tools to dispose of one’s assets and to regulate one’s inheritance, but each has different methods and levels of security. The choice depends on various factors: simplicity, confidentiality, risk of contestations, value of the estate and family situation.

The holographic will: simple but risky

It is the most widespread form, because it can be drawn up without particular formalities. It is a document handwritten by the testator, dated and signed. It does not require the presence of witnesses or the involvement of a notary.

Advantages:

• It is free of charge
• It can be written autonomously at any time
• It is confidential until it is opened after death

Disadvantages:

• It can be lost, destroyed or counterfeited
• It might contain formal errors that compromise its validity
• It is easier to contest in case of complex succession

The holographic will can be a good choice for simple estates, but it is in any event advisable to have it reviewed by a professional to ensure its correctness.

The public will: the safest solution

This type of will is drawn up by the notary in the presence of two witnesses, on the basis of the wishes expressed orally by the testator. The notary keeps it in their archives until the time of opening.

Advantages:

• Guarantee of formal validity
• Impossibility of loss or tampering
• Protection from contestations, thanks to the presence of witnesses and notary

Disadvantages:

• It has a cost (notarial fees)
• Less confidential, since it involves third parties
• Requires a formal appointment and a minimum of planning

The public will is ideal for those who own significant assets, real estate, company shareholdings or wish to avoid any risk of invalidity or succession conflict.

The secret will: confidentiality with formal guarantees

It is a less used form, but interesting for those who wish to combine confidentiality and legal protection. In this case, the testator delivers to the notary a sealed document, which can be written by their own hand or drawn up by third parties.

Advantages:

• Guarantees the confidentiality of the content
• It is deposited and kept in a secure manner by the notary
• It has legal value thanks to the recording of the delivery

Disadvantages:

• More complex from a formal point of view
• It does not totally exclude the risk of mistakes if drawn up without legal assistance
• It has notarial costs like the public will

The secret will can be useful to those who wish to keep their dispositions private until the opening of the succession, but who in any event want official protection.

How to choose the will most suited to one’s situation

There is no absolute best form. To decide which will to choose, it is necessary to assess one’s family situation, the complexity of the estate and the level of security desired.

• Those with a simple inheritance who want autonomy can opt for the holographic will
• Those who wish to avoid any formal problem can choose the public will
• Those who care about privacy but want legal protection can consider the secret will

In any event, even the simplest will deserves attention. Relying on a clear guide to the will and, if needed, on competent legal support, can make the difference between a wish that is respected and a future contestation. Understanding well the types of will and the differences between wills is the first step to plan a peaceful and aware succession.

For those who want to safeguard their assets and ensure their loved ones clarity and order, finding their way with the help of a professional can be a wise choice. Studio Legale Internazionale Boschetti accompanies with discretion and competence those who wish to take clear and solid decisions also in testamentary matters.

Many think they can handle the succession on their own, or with the sole help of the CAF. When the inheritance is simple, a single property, heirs in agreement, no debts, this is the case. The problem is that most successions are not simple, and those who realise it late pay the highest price.

An inheritance with debts accepted without beneficio d’inventario. A challengeable will whose deadlines expire without anyone intervening. A division between heirs that is blocked for years. These are mistakes that cannot be recovered, and that a specialised lawyer would have avoided.

This page does not explain what the succession is. It explains when the succession becomes complicated, and what you risk if you face the complexity without legal assistance.

The 7 situations in which the lawyer is indispensable

Not all successions require a lawyer. But these seven do, and in each one the cost of not having legal assistance far exceeds the cost of advice.

1. Heirs in disagreement (challenging the will). When the heirs do not agree on the content of the will or on the apportionment of assets, the succession can become blocked. CAF, notaries and accountants can take care of formal formalities, but they do not resolve a conflict between heirs: a lawyer is needed who assesses the positions, attempts a settlement and, if necessary, starts litigation. The most frequent contestations concern the validity of the will: authenticity of the writing, capacity of the testator at the time of drafting, any pressures or deceptions. These are matters that require expert appraisals, witness testimony and a procedural strategy. Until the conflict is managed, the availability of the assets may de facto remain frozen.
2. Real estate or heirs abroad (succession with international elements). When the deceased had assets in several countries or when the heirs reside in different States, the succession takes on an international dimension. Regolamento UE n. 650/2012 applies: in general, save for the so-called professio iuris, the applicable law is that of the deceased’s last habitual residence, but for certain aspects (especially real estate or fiscal ones) the rules of the country in which the assets are located may also be relevant. Studio Boschetti handles successions with elements in Italy, the United States, the United Kingdom and Switzerland. Each legal system has its own rules on inheritance shares, taxes and recognition of acts. An incorrect setting of the applicable law or of the recognition procedure can generate disputes, double taxation or difficulties in enforcing abroad acts formed in Italy.
3. Inherited debts exceeding the assets. The inheritance also includes debts. Those who accept the inheritance purely and simply are liable for the deceased’s debts also with their own personal assets. It is one of the most insidious critical aspects of succession, because debts can also emerge after acceptance. The lawyer verifies the debt situation before the heir takes decisions. If there are significant liabilities, they can prepare an acceptance with beneficio d’inventario (which limits liability to the value of the assets received) or assess renunciation. Attention must also be paid to behaviours that may amount to tacit acceptance, such as disposing of the deceased’s assets or using their accounts: once acceptance has occurred, renunciation is no longer possible.
4. Will impairing the reserved share. Italian law reserves a share of the estate for the legitimate heirs (spouse, children and, in the absence of children, ascendants) whom the testator cannot exclude. If the will attributes to third parties assets exceeding the disposable share, the legitimate heirs can act with the azione di riduzione to restore their rights. The azione di riduzione is prescribed in ten years from the opening of the succession, but verifying the impairment requires accurate patrimonial reconstruction: assessment of assets, consideration of donations made during life, determination of the disposable share. Mistakes in calculation or proof can compromise the outcome of the action. The lawyer quantifies the impairment, assesses the strategy and handles the litigation or the negotiation.
5. Family business succession. When the inheritance includes company shareholdings, the management of the generational handover requires specific tools (family agreements, holding structures, donations). A lawyer experienced in inheritance and corporate matters can prevent decision-making blocks, family conflicts and loss of value of the business.
6. Heir under support administration. When the heir is under amministrazione di sostegno, the lawyer handles the authorisations of the giudice tutelare and protects the rights of the beneficiary.
7. Tax disputes related to the succession. Inheritance tax, the assessment of the value of the assets, contestations by the Agenzia delle Entrate: these are matters that require fiscal and procedural competence. The lawyer manages the dispute and the protection of the heir’s rights.

The concrete risks of do-it-yourself

Do-it-yourself succession is not a saving. It is a calculable risk, and the figures are clear.

Accepting the inheritance without beneficio d’inventario. The heir who accepts the inheritance purely and simply is liable for the deceased’s debts also with their own personal assets. If contingent liabilities later emerge (tax debts being assessed, sureties, pending litigation), the heir is liable in full. Acceptance with beneficio d’inventario limits liability to the value of the assets received, but must be made within precise time limits and with formalities that the CAF does not handle.

Failure to challenge the will within the time limits. The azione di riduzione for impairment of the reserved share is prescribed in 10 years from the opening of the succession. Different is the case of annulment of the will for incapacity of the testator or for defects of will (error, fraud, violence): in these cases the term is 5 years, which run from the execution of the testamentary dispositions. If, instead, the will presents serious formal defects that entail nullity (for example absence of essential requirements of the holographic), the action of nullity is not subject to a short term of prescription, but can be paralysed by the passage of time through usucaption of the assets. Relying on informal negotiations or postponing a technical assessment may entail the definitive loss of the right to challenge.

Underestimating inherited debts. The deceased’s liabilities are not always immediately evident. Sureties, personal guarantees, tax debts being assessed or pending litigation can also emerge after the opening of the succession. If the inheritance has already been accepted without precautions, it is no longer possible to renounce. The lawyer verifies the debt position before the heir takes irreversible decisions and assesses the safest solutions (beneficio d’inventario or renunciation).

What the lawyer does that the CAF cannot do

The CAF compiles the inheritance declaration. It is a fiscal formality. The lawyer does everything else.

Assesses the situation before acceptance. Verifies debts, latent liabilities, open fiscal positions. Decides with the heir whether to accept, accept with beneficio d’inventario or renounce. The CAF does not do this: it records a choice already made, without assessing the consequences.

Manages conflicts between heirs. When the heirs do not agree, the CAF cannot intervene. The lawyer negotiates, proposes solutions, and if necessary starts litigation to protect the right of their client.

Challenges the will. If the will impairs the reserved share or presents defects, the lawyer brings the azione di riduzione or of annulment within the time limits. The CAF has neither competence nor tools to do so.

Manages international succession. When there are assets or heirs abroad, skills in private international law, knowledge of bilateral conventions and ability to coordinate procedures in several jurisdictions are needed. The CAF operates only in Italy and substantially only on the fiscal aspect.

Protects fragile heirs. When the heir is under amministrazione di sostegno, the lawyer manages the authorisations of the giudice tutelare and protects the rights of the beneficiary

Whom to turn to for the succession?

For the fiscal inheritance declaration one turns to the CAF or to the accountant. When there are contestations between heirs, assets abroad, debts, wills to be challenged or complex situations, a lawyer specialised in succession law is needed. The notary intervenes for the deeds of real estate transfer.

The choice depends on the complexity: if the heirs are in agreement and the estate is simple, the CAF is enough. If there is even one element of complexity among those listed on this page, the lawyer is the figure of reference.

How much does a lawyer cost for the succession?

The cost varies depending on the complexity of the case. A preventive consultation to assess the inheritance situation has a contained cost. Assistance for the entire succession, from the verification of debts to the division of assets, depends on the number of heirs, on the presence of assets abroad and on any litigation.

The cost must always be compared with the risk: accepting an inheritance with hidden debts or losing the time limits for challenging a will costs much more than any legal fee.

Is it worth challenging a will?

It depends on the extent of the impairment and on the merits of the action. If the reserved share has been impaired in a significant way and the impairment can be documented, the azione di riduzione has good probabilities of success. The judge has no discretion on the reserved share: if the impairment exists, the heir has the right to reinstatement.

The lawyer assesses the merits before starting the case, estimating timeframes (2-5 years at first instance), costs and probabilities of outcome. Starting litigation without this preliminary assessment is a mistake.

Does the succession lapse?

The right to accept the inheritance is prescribed in 10 years from the opening of the succession. The azione di riduzione for impairment of the reserved share is prescribed in 10 years. The action for annulment of the will for incapacity or defects of will is prescribed in 5 years.

Each action has its own time limit and its running can be interrupted or suspended in certain circumstances. Losing a time limit means losing a right: it is one of the reasons why legal advice should be requested immediately, not when the problem has already become urgent.

Can the succession be done after 10 years?

After 10 years from the opening of the succession, the right to accept the inheritance is prescribed: those who have not accepted within that term, as a rule, lose the possibility of becoming heirs. Note however: acceptance may already have been perfected even without a formal act, when the person called performs acts that presuppose the will to accept (for example disposing of inherited assets or using them as their own). Not every behaviour is automatically “tacit acceptance”, but some conduct, such as withdrawing sums from the deceased’s accounts or managing the inherited assets without precaution, can expose to this risk. On the fiscal level, instead, the inheritance declaration had to be filed within 12 months of death, but it can also be filed later, with penalties and interest. In short: the civil profile (acceptance/renunciation and consequences on the assets) and the fiscal profile (declaration and taxes) follow different rules. The lawyer is needed precisely to clarify whether the inheritance is still acceptable, whether there have been acts of tacit acceptance and how to correctly regularise the formalities.

Facing the succession of a relative is a complex passage, especially if it occurs at an emotionally difficult moment. In addition to the grief for the loss, one has to deal with succession formalities, gather a series of documents, respect precise deadlines and, often, interface with banks, notaries and public administrations.

To help you find your way in this path, here is a succession checklist divided into phases. It is designed to be clear, useful and easy to consult. It can help you not to forget any essential step and to move with greater peace of mind.

First phase: organising personal and civil status documents

The first thing to do is to gather the information and documents relating to the deceased and to the heirs. This will allow you to correctly start all the succession formalities.

Here is what is needed for the succession at this stage:

• Death certificate
• Family record certificate of the deceased and of the heirs
• Tax code of the deceased and of the heirs
• Identity document of the heirs
• Any deeds of marriage, separation or divorce
• Copy of the will, if any

It is important to verify immediately whether there is a will deposited with a notary or whether intestate succession applies.

Second phase: checking assets and bank relationships

After gathering the basic documents, one needs to identify all the assets that were part of the deceased’s estate. In particular:

• Cadastral searches of the properties in the deceased’s name
• Title deeds, notarial deeds, mortgages
• Updated bank account statements
• Insurance policies, savings books, securities

Many people do not know that there are specific documents for succession at the bank to be provided to unblock current accounts and access the sums deposited. Usually the bank requires:

• Inheritance declaration
• Death certificate
• Self-certification of the heirs
• Identity document of the person filing the request

Each institution may request different forms, so it is useful to contact the bank’s succession office before going to the branch.

Third phase: filing the inheritance declaration

The inheritance declaration is a fiscal document that must be filed with the Agenzia delle Entrate within 12 months from the date of death. It serves to officially declare the transfer of assets and to calculate any inheritance taxes.

It must be filed by:

• The heirs
• The legatees
• Any persons called to the inheritance

This declaration can also be filed through an intermediary (notary, accountant, lawyer), especially when the inheritance is complex or includes real estate. After filing, the Agenzia issues the receipt and the cadastral transfer is sent to the Catasto.

Fourth phase: managing the post-succession obligations

In addition to the inheritance declaration, there are other formalities to keep under control:

• Transfer of household utilities
• Cancellation of the car in the deceased’s name, if not inherited
• Change of ownership on real estate
• Communications to the condominium administrator
• Redemption or renegotiation of mortgages in progress

Many of these steps may seem secondary, but they fall within the duties linked to succession and the fiscal obligations that arise from it. It is useful to create a digital archive with all the documentation, so as to always have at hand what may also be needed at a later time. Each succession is different, but some phases are common to all.

This succession checklist can be a concrete reference to keep and share with other heirs or family members involved. Where there are particular complexities, articulated estates or assets abroad, it can be useful to discuss matters with a professional. Studio Legale Internazionale Boschetti has for years been accompanying Italian and international families in the careful and complete management of successions, with a confidential, competent approach always oriented to clarity.

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.

When one receives or expects an inheritance, it is normal to wonder what is due to heirs by law, especially if there is a will that seems to exclude some family members or favour a single beneficiary. In such cases a fundamental concept of Italian inheritance law comes into play: the reserved share.

The reserved share protects a restricted circle of family members, called legitimate heirs, guaranteeing them a part of the inheritance even against the wishes expressed in the will. Understanding how it works and how the reserved share is calculated is essential to find one’s way, especially when assessing the opportunity of challenging a will.

Reserved shares and legitimate heirs: who is entitled to the inheritance protected by law

Intestate succession applies in the absence of a will, or when the latter does not entirely cover the inheritance. However, even when there is a will, Italian law protects the so-called legitimate heirs, that is:

• the spouse
• the children (natural, legitimate or adopted)
• in the absence of children, the ascendants (parents)

These subjects cannot be entirely excluded from the deceased’s estate. The reserved share is that part of the inheritance that is due to them “by force of law”, even if the will provides otherwise. The other part of the estate, called “disposable share”, can be left freely to anyone.

Some examples of reserved shares:

• If the deceased leaves only one child: the reserved share is equal to half of the estate.
• If there are two or more children: they must collectively receive two thirds.
• If they leave a spouse and one child: one third goes to the spouse, one third to the child and one third remains disposable.
• If there are only spouse and parents: the spouse is entitled to half, the parents to a quarter.

These percentages indicate the rights of legitimate heirs, who can take action to obtain what is due if they are impaired in their reserved share.

How the reserved share is calculated in the succession

The calculation of the reserved share requires careful analysis of the deceased’s estate. One starts from the overall value of the inheritance, to which any donations made during life are added, in order to have a real estimate of the estate. From there, the shares due to legitimate heirs are identified, on the basis of the family composition.

It is important not to confuse intestate succession with the succession that provides for the reserved share. In the first there is no will; in the second, the will exists, but it must in any event respect the rights of legitimate heirs.

The comparison between the content of the will and the legal shares makes it possible to establish whether the legitimate heirs have been damaged. In such case, they can take legal action to request the reinstatement of the reserved share through an azione di riduzione.

Will and reserved shares: when it is possible to challenge

A will that impairs the reserved share is not automatically void, but it can be contested. The legitimate heirs have the right to challenge the will to obtain the part that the law reserves for them.

However, it is essential to verify:

• the value of the estate
• the extent of the donations made during life
• any testamentary dispositions that reduce the shares established by law

Often, those who receive an inheritance or are excluded from a will do not know with certainty whether their reserved shares have been respected. Qualified advice can help to bring clarity before undertaking legal actions.

Frequently asked questions on the reserved share

Who can challenge a will for impairment of the reserved share? Only the legitimate heirs: spouse, children and, in their absence, the parents.

Is a notary needed to enforce one’s rights as a legitimate heir? No, but it is strongly recommended to rely on a lawyer experienced in succession and inheritance rights to avoid mistakes.

Do donations made during life by the deceased count in the calculation of the reserved share? Yes, because they can reduce the value of the disposable inheritance and therefore affect the rights of the legitimate heirs. Understanding what is due to heirs, what the reserved shares are and when the will can be challenged is an essential step to safeguard one’s rights in succession matters.

In uncertain or delicate situations, discussing matters with a professional can offer the clarity needed to decide how to act. Studio Legale Internazionale Boschetti has always stood alongside those facing questions related to succession and inheritance, with a discreet, solid approach attentive to every detail.