Drawing up a will is an act of great responsibility, but this does not mean that the wishes expressed are immutable. Indeed, it can happen that, over time, personal, family or patrimonial circumstances change, making necessary a modification or annulment of the will previously drawn up.

Understanding how the revocation of the will works is essential for those who are planning their own succession, but also for the heirs who find themselves faced with a document containing dispositions of last will and intend to assess the validity of the will or possible revocation.

When a will can be revoked: the cases provided by law

A revocable will is so by its nature. Italian law expressly provides that every person, until the last moment of life, can modify or render void their testamentary wishes. This applies both to holographic wills and to those drawn up before a notary.

The methods provided for the revocation of the will are three:

• Express revocation: consists in drawing up a new will in which the wish to revoke the previous one is declared.
• Tacit revocation: occurs when a new will contains dispositions incompatible with those of the previous one. In this case, only the most recent wishes are considered valid.
• Revocation by destruction of the document: valid only for the holographic will, it occurs when the author voluntarily destroys it, rendering it unusable.

It must be clarified that the simple modification of part of the dispositions amounts to a partial revocation: it is in any event advisable to formalise every variation in a new deed, in order to avoid doubts on the validity of the will.

How to revoke a will validly

To ensure that the revocation is legally effective, it is essential to follow precise formal methods. Otherwise, there is a risk that the old will continues to produce effects or that conflicts arise between the heirs.

Here is how to revoke a will correctly:

1. Drawing up a new will: this is the safest and most recommended method. It is good to specify expressly that every previous document is revoked.
2. Turning to a notary: for public or secret wills, it is necessary to draw up the deed before a notary, who guarantees the validity and conservation of the document.
3. Physically destroying the holographic will: this action is sufficient only if performed directly by the testator. If carried out by third parties, even with their consent, it has no revocatory value.

It is useful to remember that, in the case of testamentary succession, the dispositions contained in a revoked will are considered as never having existed. This can have important consequences in the distribution of the estate and in the management of family relationships.

Validity of the will and risks to avoid

A revoked will, if mistakenly considered valid, can generate contestations between the heirs and delays in the succession procedure. It is therefore essential that the wish to revoke is clear and easily demonstrable.

Among the most frequent mistakes:

• Keeping several versions of the will without indicating which one is to be considered
• Destroying only one copy and not the original
• Drawing up a new will without expressly stating the wish to revoke

In case of doubts or in complex situations, it is always advisable to discuss matters with a professional experienced in succession law.

Frequently asked questions on the revocation of the will

What happens if a person changes their mind but does not draw up a new will? The last written and formally valid wishes remain in force. Changing one’s mind, without a new written declaration, has no legal effect.

Is it possible to annul only a part of the will? Yes, it is possible. In this case we speak of modification or partial revocation, which must in any event be formalised in a new document.

Can an heir contest a will if they suspect that it has been revoked? Yes, but it must be demonstrated that the revocation occurred legitimately, for example through a new will or the destruction of the original by the testator. For those assessing the revocation of the will, or wishing to better understand when a will can be revoked and how to revoke a will correctly, it can be useful to discuss matters with a professional.

Each case has different nuances and deserves a personalised analysis. Studio Legale Internazionale Boschetti, with its experience in the field of succession and family law, is always available to support those who wish to safeguard their wishes with clarity and security.

The publication of a judgment clearly destined to mark the evolution of Italian family law is already attracting much interest. With sentenza n. 68 del 22 maggio 2025, the Corte Costituzionale declared the constitutional illegitimacy of the prohibition for the so-called “intentional mother” from recognising as her own the child born in Italy from medically assisted procreation legitimately performed abroad.

The judgment, it must be specified clearly, concerns the child born in Italy to a woman who has resorted abroad, in compliance with the rules in force there, to medically assisted procreation techniques.

Indeed, articolo 8 della legge n. 40 del 2004 has been declared constitutionally illegitimate, in the part in which it does not recognise to the child born in Italy to a woman who has resorted abroad to medically assisted procreation techniques the right to be the child also of the woman who expressed prior consent to the techniques and assumed parental responsibility.

A historic ruling for non-traditional families

The Court holds that the current prohibition constitutes a violation of three fundamental constitutional principles. First and foremost, Article 2 of the Constitution, inasmuch as it impairs the personal identity of the child and their right to be vested, from the moment of birth, with a certain and stable legal status. Biparenthood, in the specific circumstances at hand, takes on the character of a responsibility arising from the joint undertaking assumed by a couple upon deciding to avail themselves of medically assisted reproduction for the purpose of bringing a child into being — an undertaking from which, once assumed, neither parent may resile, and in particular the so-called intentional mother.

A further violation is established with respect to Article 3, on account of the unreasonableness of a discriminatory legal framework that lacks justification in the absence of a competing interest of equivalent constitutional rank. Finally, the Court found Article 30 to be compromised, in that the minor’s rights are infringed — specifically the right to have recognised, from birth and as against both parents, all rights attendant upon parental responsibility.

Of central importance is accordingly the best interests of the child, who must have the full body of their rights recognised as against both parents — not solely the biological mother but equally the intentional mother. The Constitutional Court emphasised that the failure to recognise, from birth, the child’s legal status as offspring of both parents gives rise to consequences of the utmost gravity for the minor.

The right to personal identity is infringed, and the effective enjoyment of the fundamental right to be maintained, educated, instructed and morally supported by one’s parents is prejudiced — in accordance with the child’s capacities, natural inclinations and aspirations. Furthermore, the right to maintain a balanced and continuous relationship with each parent is compromised, as is the right to receive care, education, instruction and moral support from both parents, and to preserve meaningful relationships with the ascendants and relatives of each parental line.

The limits of the judgment and the question of single women

It is important to underline that the Corte has maintained a more cautious position on other aspects of assisted procreation. The Consulta has indeed considered “not unreasonable nor disproportionate not to allow single women access to medically assisted procreation”, thus confirming the current regulatory limits for single women.

The reason given is that it falls within the interest of the future children that the legislator considered “not to endorse a parental project that leads to the conception of a child in a context that, at least a priori, excludes the figure of the father”.

However, the Corte has clearly reaffirmed that “there are no constitutional obstacles to a possible extension, by the legislator, of access to medically assisted procreation also to family units other than those currently indicated”, thus leaving open the possibility of future regulatory amendments also for single-parent families.

Towards a new constitutionally oriented family model

The decision of the Corte Costituzionale fits within a context of persistent and culpable legislative inertia. In the absence of an organic reform by Parliament, the judges, prompted by the concrete and dramatic instances of families, have built piece by piece an effective protection for children born from projects of shared parenthood. It is a phenomenon that has been repeating itself for years in our legal system, where constitutional case law is forced to fill regulatory gaps that the legislator stubbornly refuses to address.

The judgment therefore represents a further and decisive piece in the case-law construction of a more inclusive and modern family law, which recognises the plurality of contemporary parental experiences and effectively guarantees the best interest of the minor, as the Costituzione requires.

This constitutional ruling forcefully reinforces the idea that emotional bonds, shared responsibility and intentionality in building a family must find full recognition and legal protection, even outside the traditional model still prevailing in Italian rules. The Corte has once again shown that it knows how to read the changes in society and to orient the law towards solutions that prioritise the substance of family relationships rather than their form.

The judgment thus marks a decisive and probably irreversible step towards a family law that knows how to reflect the complexity and richness of contemporary family relationships. The ultimate aim remains always the protection of the fundamental rights of minors and their right to a stable and certain legal identity from birth, regardless of the manner in which that family was formed. The path traced by the Consulta is clear: it is time that the legislator too take note of these changes and finally provide an organic reform that gives legal certainty to all Italian families, in all their forms.

We at Studio Legale Internazionale Boschetti, in this scenario, stand on the side of single women and homosexual couples who seek to obtain the recognition of the child, including for the intentional parent, in cases of assisted procreation lawfully performed abroad.

When a succession is opened, it can happen that the wishes expressed in the will do not respect the limits imposed by law. Some heirs, although entitled to a minimum share of the inheritance, are excluded or receive less than what is due to them. In such cases it is possible to act legally through the azione di riduzione testamentaria.

This guide answers in a clear and direct way the most common questions on this tool provided for by our legal system.

What is the azione di riduzione and when can it be brought?

The azione di riduzione testamentaria allows legitimate heirs to obtain a limitation of the dispositions contained in the will when these impair the reserved share of the inheritance provided by law.

Our legal system establishes that certain subjects, such as children, spouse and, in their absence, parents, cannot be entirely excluded from the inheritance. To them is due a fixed portion, called reserved share. If the testator disposes of their assets exceeding the disposable share, we speak of impairment of the reserved share, and the excessive dispositions can be reduced.

Who can challenge a will that impairs the reserved share?

Only those who have the status of legitimate heir can challenge a will in order to obtain the reduction of testamentary dispositions. Not all heirs, therefore, can avail themselves of this action: only those whom the law recognises as deserving special protection.

The typical case is that of a child who finds themselves excluded from the will, or receives a bequest much lower than what would be due to them under intestate succession. The surviving spouse can also act, as can the parent in the case where there are no children.

What are the limits the law imposes on the testator?

To understand whether one can act, it is necessary to know what the law provides on the will in terms of limits. The disposable share, that which the testator can freely allocate, depends on the composition of the family unit. For example, if there are two children, the reserved share represents two thirds of the inheritance, while only one third is disposable.

Every will that exceeds these limits can be subject to reduction. For this reason it is always advisable to assess with care the testamentary dispositions, also at the drafting stage, in order to avoid future disputes.

Within what time is it possible to act?

The time limit for exercising the azione di riduzione testamentaria is ten years from the opening of the succession, that is, from the date of the testator’s death. It is a prescription term, so once this period has expired the action can no longer be brought.

It is always advisable not to wait too long: in the meantime the assets could be transferred, sold or subject to other constraints. Timely analysis makes it possible to protect more effectively the rights of legitimate heirs.

What happens if the action is successful?

If the judge finds that the testamentary dispositions have violated the reserved share, they order the reduction of testamentary dispositions and the rebalancing of the succession. The effects can be various: restitution of assets, modification of beneficiaries or economic compensation between the heirs.

In some cases, in addition to the will, it is also possible to contest any donations made during life by the deceased that have compromised the reserved shares of the inheritance.

Is a lawyer needed to safeguard one’s rights?

Although it is not always mandatory, the assistance of a lawyer with experience in succession matters is highly recommended. Each case has particular nuances: it is necessary to assess documents carefully, reconstruct the estate, estimate the value of the dispositions and consider any prior donations.

For those who find themselves managing a situation of conflict between heirs or intend to draw up a will respectful of the rules, relying on professionals of the sector represents a choice of seriousness and protection.

Sometimes, a targeted opinion can prevent disputes or offer faster and more advantageous solutions for all parties involved. For this reason, those who wish greater clarity or concrete support can rely on the experience of legal practices specialised in family and succession matters, such as that of Studio Legale Internazionale Boschetti.

When a person dies and leaves a joint bank account, those who remain often find themselves in difficulty. Can the account still be used? Will the bank block it? Are the heirs entitled to anything? These are common questions that deserve clear answers.

Managing a joint account after the death of one holder is one of the most delicate situations in succession matters. For this reason it is useful to understand what the rules, the limits and the possibilities for action are, both for the surviving co-holder and for the heirs.

What happens to the joint bank account after death

When one of the holders dies, the bank is notified through the communication of death, which often comes from a family member or directly from the heirs. At that point, the credit institution can block the joint bank account in whole or in part in order to verify the patrimonial and succession situation.

The block is not automatic by law, but it is a widespread practice among banks to protect themselves and to ensure the rights of the heirs over the joint account. This means that even if there is another co-holder on the account, operations may be limited or suspended, pending the settlement of the inheritance.

What an heir can do on a joint account

Heirs and joint account are two realities that often intersect in a complex way. After the death, the heirs take over the patrimonial rights of the deceased, including their share in the joint account.

However, an heir cannot withdraw money from the account unless they are also a co-holder or delegate. What they can do is:

• Notify the bank of the death and request that the account be blocked
• Request the list of transactions and the balance at the date of death
• File the inheritance declaration, where required
• Request, together with the other heirs, the liquidation of the share due to the deceased

The deceased’s share in the account becomes part of the estate and is divided among the heirs according to the rules of succession.

What the surviving co-holder can do

Those who remain alive and have the account in joint name often think they can continue to operate freely. In reality, much depends on the type of co-holdership: with joint or several signature.

• If the signature is joint, both holders are needed to operate the account, so on the death of one, the account is effectively blocked.
• If the signature is several, the surviving co-holder can, in theory, operate alone. However, the bank can in any event suspend operations, especially if there are reports from the heirs.

In any event, it is not possible to freely appropriate the entire amount. The bank will have to distinguish the deceased’s share from that of the co-holder and protect the inheritance rights.

What is the role of the bank in such cases

The bank does not have the task of making assessments on the ownership of the sums or on the intentions of the co-holders. Its role is to carry out operations prudently, avoid disputes between heirs and protect the assets deposited.

In the case of a joint bank account and inheritance, the institution may request:

• Death certificate
• Documents of the heirs
• Substitute declaration in lieu of an affidavit
• Any inheritance declaration

Only when the documentation is complete will it be possible to proceed with the dissolution of the joint name or the apportionment of the sums.

How to protect oneself and act correctly

The best way to face a joint account and death situation is to move with clarity and in a coordinated manner. The surviving co-holder must avoid hasty withdrawals, while the heirs have the right to be informed of what is due to them.

Even at the family planning stage, it is useful to know that a joint account does not always guarantee freedom of access to the money after a death. Care, respect for the rules and, in many cases, the support of those who know the matter well are needed.

The Studio Legale Internazionale Boschetti, through the team of familylawboschetti.com, has been following these dynamics for some time with a practical approach respectful of family needs. When dealing with successions and shared bank accounts, it is important to know that you can rely on competent and sensitive advice.

When a family member is named as an heir and is under support administration, guardianship or interdiction, it is natural that doubts and concerns arise. Who can accept the inheritance? Does the support administrator decide alone? Does the protected heir risk losing their rights?

Let us look clearly at what happens in cases of inheritance with support administration, what the heir’s rights are and what limits there are for the person who legally represents them.

Who is considered a protected heir?

The protected heir is a person who, for reasons of health or fragility, has been assisted by a support administrator, or is subject to guardianship or interdiction. In such cases, although entitled to the inheritance, the heir cannot act alone to accept or renounce a succession. Decisions must be taken with the involvement, and within the limits, of the legal figure that represents them.

This situation is increasingly frequent in families, especially when it concerns support administration and succession between parents and children.

What can the support administrator do in succession matters?

The support administrator can accept or renounce the inheritance only if they have received specific authorisation from the giudice tutelare. The law provides for this step in order to protect the administered person from choices that could harm them.

Therefore, even though they formally represent the heir’s interest, they cannot act autonomously in succession matters. It is a fundamental step to know about when handling a succession with an administered or interdicted heir.

What are the rights of the protected heir?

The protected heir retains all their patrimonial and inheritance rights, like every other heir. The fact of being under support administration does not exclude them from the succession, nor does it reduce the shares due to them by law or by will.

The difference concerns only the way in which they can exercise these rights, through the help of the administrator or guardian. It is important to know that even renunciation of the inheritance requires the authorisation of the judge, precisely to prevent a hasty or unclear choice from penalising the heir.

Are there limits for the support administrator in case of inheritance?

Yes. The limits of the support administrator in inheritance are defined by the appointment decree and by the assessment of the giudice tutelare. The administrator cannot sell inherited assets, accept debts or sign deeds with significant patrimonial value without explicit authorisation.

Where there are real estate, family businesses or jointly held accounts, it is always good to move with caution and, if possible, to ask for legal support. This applies above all in cases of inheritance and support administration, in which a poorly handled step can create difficulties or block the division between the heirs.

How to act if there is an heir with a support administrator?

The first thing to do is check the administrator’s appointment decree: it indicates the specific powers granted. Subsequently, it is useful to verify with the giudice tutelare which succession acts require their authorisation. In the meantime, the other heirs should suspend any divisions or acceptances until the position of the protected heir has been legally clarified.

Facing a succession with an heir with a support administrator requires balance between respect for legal timeframes and attention to the protection of the person involved.

Is a lawyer always needed?

It is not mandatory, but in many cases it can be extremely useful. A lawyer with experience in matters of successions and support administrations can help to avoid mistakes, to obtain the correct authorisations and to really protect the heir’s interest.

The Studio Legale Internazionale Boschetti, through the team of familylawboschetti.com, knows these dynamics well and has been following for years cases in which family, succession and legal protection aspects intertwine. In case of doubts or particular situations, it is always possible to turn to professionals who know how to combine legal competence and human attention.

Your father has passed away and has not left written dispositions. What happens now? Who is entitled to the inheritance? And how is everything handled, without making mistakes?

When a loved one dies without having drawn up a will, Italian law intervenes with a procedure called intestate succession. In this case, the estate is divided among the so-called ab intestato heirs, that is those whom the law recognises as entitled to receive.

Facing a succession without a will can seem complicated, but knowing the fundamental steps allows one to act with greater confidence. This guide aims to offer practical and reassuring guidance for those who must manage the inheritance of a relative without written instructions.

When intestate succession applies

Intestate succession applies when a person dies without a will, or if the existing one is null, revoked or does not concern the entire estate.

In such cases the law comes into play, establishing an order of heirs aimed at ensuring family continuity and a fair distribution of assets. This order is objective and does not take into account personal preferences not formally expressed.

Who are the legitimate heirs and how the estate is divided

The legitimate heirs are identified by law according to a scale of priority. Here is the order in which they are called and the criteria used to apportion the estate:

• Spouse and children: they are the first to be called. The estate is divided into parts established by law: half to the spouse, the other half among the children. If there is only one child, the division will be in equal parts.
• Spouse and other relatives: if there are no children, the spouse divides the inheritance with parents, brothers or sisters of the deceased.
• Relatives only: in the absence of the spouse, one proceeds with the children, parents or siblings, depending on their presence.
• Relatives up to the sixth degree: only in the absence of closer family members, one looks to uncles/aunts, cousins, and more distant relatives.
• The State: if there are no identifiable legitimate heirs, the entire inheritance devolves to the State.

Understanding who is entitled is essential to avoid conflicts and to ensure that the distribution takes place in compliance with the rules.

Succession without a will: the steps to follow without making mistakes

When there is no will, there are some practical steps to be addressed with care:

1. Verify the absence of a will: ensure that no will is deposited with a notary or in holographic form.
2. Gather the necessary documents: death certificate, family record certificate of the deceased and of any heirs, cadastral searches, title deeds.
3. File the inheritance declaration: it must be filed within 12 months of death with the Agenzia delle Entrate, with the documentation attached.
4. Accept or renounce the inheritance: each heir can decide whether to accept the inheritance, possibly with beneficio d’inventario, or to renounce.
5. Manage the division between heirs: if the estate is composed of several assets or properties, it is advisable to proceed with a deed of division to avoid disputes.

The management of the succession without a will requires care, but following these steps allows one to avoid mistakes and act in compliance with the law.

Why knowing the rules of intestate succession makes the difference

Knowing the rules of intestate succession allows one to face with more peace of mind a delicate and often confusing moment. Knowing who the ab intestato heirs are, what rights they have and how the estate is apportioned, is the first step to prevent misunderstandings and family tensions.

Each succession case has its own particularities. In complex contexts, such as those with heirs residing abroad or articulated estates, discussion with a professional can make the path clearer and less burdensome. And knowing that one can rely on those with concrete experience often makes the difference.

When we speak of inheritance, we immediately think of wills and patrimonial divisions. But there is a less visible element that can create imbalances between the heirs: indirect donations. These are patrimonial transfers that do not pass through a formal deed of donation, but which, in substance, gratuitously enrich a subject. The problem? They are often forgotten, ignored or deliberately concealed until the moment the succession is opened.

Understanding what indirect donations are and how they affect the division of the inheritance is essential in order to avoid family conflicts and lengthy legal disputes.

Indirect donations and inheritance succession: why they can complicate the division

An indirect donation can take many forms: paying for a child’s home, the purchase of a car registered in a grandchild’s name, or a regular payment into a family bank account. They are acts not formalised by a notary, but recognised by law when they present the elements of liberality.

In the context of donations and inheritance succession, these acts assume great relevance. They are often considered advances on the reserved share, and their value can be subject to collation or reduction if they violate the rights of other heirs.

Those who receive an asset or a benefit without fully understanding its legal weight may find themselves, even unwittingly, accepting hidden donations that alter the inheritance distribution. This often leads to discussions between siblings, questions on the validity of past acts and, in the worst cases, to the opening of disputes.

Practical examples: how indirect donations generate conflicts between heirs

Marco receives from his father an apartment, purchased and paid for entirely by him, but formally registered only to Marco. On the death of the parent, the other siblings discover the existence of the property and request that it be assessed as part of the inheritance to be divided.

Lucia receives from her mother, for several years, monthly sums of economic support. No one says anything until the succession, when the brother, never helped in a similar way, raises the issue of the disproportion and requests the collation of the sums received.

Anna receives from her grandfather a new car as a gift, registered in her name. The purchase appears to have been made with the grandfather’s personal funds, but no donation is registered. After his death, the cousins contest the operation as an indirect donation to be included in the inheritance pool.

In all these situations, the absence of clarity on the intentions or on the nature of the operation can turn into a knot that is difficult to untangle at the moment of succession.

Why doing a check on indirect donations can prevent conflicts

A preventive analysis of the family estate and a verification of any indirect donations made over time can make the difference. The check on indirect donations makes it possible to reconstruct accurately the actual patrimonial set-up and to manage in advance any imbalances, avoiding misunderstandings between heirs and situations of tension.

Understanding what indirect donations are, tracing their value and formalising the intent, where possible, helps to protect everyone’s rights and to ensure that the inheritance succession takes place in a transparent and respectful manner of family wishes.

When doubts or tensions emerge over the correct division of the inheritance, it can be useful to discuss matters with someone with experience in reconstructing these complex situations, both in a preventive and resolving way. Sometimes, a professional discussion can help to read the past with greater clarity and to prevent disputes that undermine relationships between family members.

It can happen that, on the death of a person, it is not immediately possible to identify a certain and available heir. At other times, those potentially called to inherit do not yet know whether to accept or not. In such situations, the estate remains in a kind of “limbo”: it is here that dormant inheritance comes into play.

This legal institution is designed to ensure that the deceased’s assets are protected until the inheritance is accepted or an heir is identified. Let us see together when the curator is appointed, what they actually do and how the management of the dormant inheritance works, with the aim of giving clear answers to those who may find themselves involved in a succession without immediate points of reference.

What dormant inheritance is and when it is activated

The dormant inheritance occurs when on the death of a person there are no certain heirs, or the heirs identified have not yet decided whether to accept the inheritance. In other words, a temporary legal vacuum is created in which the estate risks remaining without protection.

In such cases, the court can declare the inheritance vacant and appoint a curator of the dormant inheritance. This step is essential to prevent the assets from being dispersed, abandoned or managed without any control.

When is the curator of the dormant inheritance appointed?

The appointment of the curator takes place upon request, often by a creditor, a condominium administrator or a neighbour, or ex officio, if the court finds the existence of an inheritance without certain heirs.

The curator of the dormant inheritance is appointed by the court of the place where the deceased had their last domicile and remains in office until:

• an heir formally accepts the inheritance
• the inheritance is declared vacant definitively
• the assets are liquidated to satisfy any creditors

What does the curator of the dormant inheritance do?

The role of the curator is very delicate: they must ensure the management of the dormant inheritance in a neutral and transparent manner. Their main activities include:

• drawing up an inventory of the inheritance assets
• administering the estate (e.g. paying urgent expenses, maintaining properties)
• collecting any credits of the deceased
• managing relationships with suppliers, administrators, banks and creditors
• preserving the assets pending the settlement of the succession

In essence, the curator acts in the interest of the inheritance, keeping everything in order until it becomes clear who can or wishes to succeed to it.

And if you are a potential heir living far away?

It can happen to be the only remaining relative, perhaps resident abroad, and to receive a communication from the court or from the curator. In such cases it is important to know that:

• you are not obliged to accept immediately
• you can request detailed information on the inheritance
• you have the right to a period of reflection before deciding
• you can be assisted by a lawyer to assess risks and opportunities

In similar situations, expert legal support can help to find one’s way with peace of mind, especially when one is far away and does not know the conditions of the estate in detail.

A little-known but very useful institution

The dormant inheritance is an important protection in all those cases in which an immediately manageable inheritance is missing. Understanding what the curator of the inheritance does and when they are appointed can make the difference between peaceful management and unnecessary legal complication.

It is normal to feel disoriented in the face of a little-known institution like this one, but knowing that there are clear tools to protect the estate, and that the law makes them available precisely in moments of greatest uncertainty, can make a great difference.

For those wishing specific clarifications or who find themselves involved in a succession without obvious heirs, it is useful to know that there are professional practices able to accompany every phase with competence and discretion. Studio Legale Internazionale Boschetti, through the portal familylawboschetti.com, is an appreciated point of reference precisely for its ability to combine technical rigour and human sensitivity.

When a loved one passes away, the emotionally delicate moment often intertwines with complex practical issues. One of the most common concerns the management of assets in co-ownership between heirs, a topic that can generate uncertainty and, at times, conflict. It is not unusual, indeed, that several children or family members find themselves inheriting together a property, land or other undivided assets.

In these situations, understanding how to manage an inheritance co-ownership is essential in order to avoid tensions and to find a balance between rights and duties. Let us therefore see clearly and reassuringly what happens in succession and shared assets, and how to concretely face the various options.

When inheritance communion arises: the starting point of shared management

On the death of a person, the inheritance succession is opened. If the deceased has not left a will that expressly apportions the assets, these enter a condition of inheritance communion, in which all the heirs become co-owners.

This form of shared ownership is governed by law and requires that every important decision, from sale to renovation of a property, be taken with the consent of all. It is precisely here that practical difficulties begin: managing an inheritance with undivided assets requires dialogue, clarity and often legal guidance.

Division of assets between heirs: how it works and when it can become problematic

The division of assets between heirs is the ultimate aim of the inheritance communion. When everyone agrees, the procedure is relatively simple: one can proceed with a consensual division, perhaps assigning one asset to one heir and another asset to another.

But what happens if there is no agreement? In the absence of a shared vision, one of the heirs can request judicial division, that is, the intervention of a court to dissolve the co-ownership. It is here that conflicts between co-owning heirs often emerge, especially if one of them has a stronger bond with the property or wishes to keep it while the others would prefer to sell it.

Co-ownership after the succession: who decides what and within what limits?

One of the most frequent questions is: “Can a single heir decide what to do with the shared asset?” The answer is no. During the co-ownership after the succession, each heir has the same rights over the properties or undivided assets, in proportion to their share.

Decisions must be taken jointly, especially when it comes to selling the asset, granting it on lease or carrying out important works. It is important to know that:

• no heir can autonomously dispose of the asset without the consent of the others
• it is possible to transfer one’s share, but the other co-heirs have a right of first refusal
• in case of persistent disagreement, judicial division can be the only way

How to manage an inheritance co-ownership: tips to avoid conflicts

Facing the communion of assets with awareness can make the difference. Here are some practical tips:

• Communicate openly: tensions often arise from unspoken expectations
• Assess the assets with a technician: correctly estimating the value avoids imbalances in the division
• Formalise agreements in writing: even between siblings, it is useful to put everything in black and white
• Consult a lawyer experienced in succession law: to find one’s way among rights, shares and procedures

In many cases, timely advice can prevent misunderstandings and protect family relationships.

Aware management to protect relationships and assets

The management of an inheritance with undivided assets requires care, mutual respect and, when needed, the support of a professional. Understanding how succession and shared assets work is the first step to facing everything with greater peace of mind.

Each family is different, but one thing is certain: facing these passages with clarity helps to protect not only the estate, but also personal relationships. In case of doubts or difficult decisions, it can be useful to know that there are professionals ready to accompany every phase of the path.

Deciding to write a valid will is an act of responsibility and peace of mind. It means taking care of one’s loved ones even after one’s passing, avoiding misunderstandings and possible conflicts. However, many people give up or postpone because they think it is complicated or that a notary is necessarily required. In reality, knowing the rules for a holographic will, the one written by one’s own hand, is the first step to safeguarding one’s assets and one’s wishes.

In this practical mini-guide I explain how to make a will, step by step, to make it valid, clear and legally effective.

Choosing the type of will: when the holographic one is enough

In Italy there are three main forms of will: holographic, public and secret. The simplest and most used is the holographic will, which does not require the presence of a notary.

To be valid, a holographic will must:

• be written entirely by hand by the person drawing it up (no computer or typewritten text)
• contain a date (day, month and year)
• be signed at the end of the text

These three elements are indispensable. The absence of even just one of them can make the will invalid, with the risk that it is annulled and that intestate succession applies, that is, the one automatically provided by law.

What to write in a will: clear and unambiguous indications

A fundamental point is what to write in a will. In addition to form, content matters greatly. The language must be simple, but precise. It is advisable to:

• indicate clearly who the beneficiaries are (first name, surname and family relationship)
• specify the assets to be assigned, avoiding vague formulas
• explicitly declare one’s wishes, for example: “I leave my house to my daughter Sara”

Avoid ambiguous or too generic expressions, which could give rise to interpretations. This too is a way to prevent mistakes to avoid in the will.

Common mistakes to avoid: attention to form and clarity

Among the mistakes to avoid in the will, the most common are:

• writing it on a computer or having it drawn up by others
• forgetting the date or the signature
• using formulas that are too complex or ambiguous
• not updating the will after important events (divorces, births, deaths)

In addition, many people forget that a will can be revoked or modified at any time. It is therefore possible to update it over time, depending on the changes in one’s life and one’s family relationships.

Will and succession: why it is better to think about it in advance

Addressing the topic of will and succession with peace of mind allows one to save time, money and, above all, conflicts between family members. A well-written will avoids long legal disputes, interpretive doubts and family divisions that often arise precisely from a lack of clarity.

Remember: the will is not just a legal tool, but also a gesture of care towards those who remain.