Dealing with a succession can raise many doubts, especially at an emotionally complex time. Understanding who is entitled to the inheritance and how the estate is distributed is essential to avoid misunderstandings, family conflicts and hasty decisions. This applies both to those who have lost a relative and to those who wish to draw up a will that complies with the law and protects their loved ones. In this guide I answer in a clear and orderly way the most frequent questions about reserved shares of the inheritance, wills and the rights of heirs.
Who are the heirs in the succession and what are the shares set by law
When a person dies without leaving a will, the so-called intestate succession is opened. In this case, the estate is divided among the heirs provided for by the Civil Code. But who are the heirs in inheritance succession? Generally, they are:
- the spouse or the civil partner,
- the children,
- in the absence of children, the ascendants,
- in the absence of all the above, the brothers and sisters.
Where there is a will, the law nevertheless imposes limits: certain persons, called legitimate heirs (legittimari), cannot be excluded from the inheritance. These include the spouse, the children and, in the absence of children, the parents.
How shares in the inheritance work
In legal language, the reserved shares of the inheritance represent the part of the estate that must be reserved by law for the legitimate heirs. The testator can dispose only of the remaining part, called the “disposable share”.
But how do shares in the inheritance work? Here are some examples, simplified for clarity:
- If there are only children, their reserved share is half of the estate if there is only one, or two thirds to be divided among all if there are more than one.
- If there are a spouse and one child, one third goes to each.
- If there are a spouse and several children, half goes to the children and one quarter to the spouse.
- If there are no children, but there are parents and a spouse, one third goes to the parents and two thirds to the spouse.
These calculations make it possible to understand what share of the inheritance goes to the children, but also what is due to the spouse in the case of inheritance. It is important to know that the law protects the legitimate heirs precisely in order to ensure a basic level of economic security, even where there is a will.
How to write a will without infringing the reserved shares
Anyone wishing to make a will must be well aware of the rights of heirs in the inheritance, in order to prevent the will from being contested or, worse, declared void. The will may be holographic (handwritten), public (drawn up by a notary) or secret. Whatever the form chosen, it cannot impair the shares reserved by law to legitimate heirs.
For example, if a person leaves their entire estate to a stranger, excluding children or spouse, the will is partially ineffective. The legitimate heirs may bring a legal action called “action for reduction”, in order to obtain the part to which they are entitled by right.
Having a clear overview of who is entitled to the inheritance and of how much can really be freely allocated is the first step towards a will that is valid and respectful of one’s loved ones. And, in the most complex cases, it can spare loved ones unnecessary disputes and future disagreements.
Knowing the law in order to decide with peace of mind
Whether you have to deal with a succession or wish to draw up your will, knowing how shares in the inheritance work is a tool of protection. Knowing in advance what is due to the spouse in the case of inheritance or what share of the inheritance goes to the children helps to make more informed decisions and to respect family balances. When it comes to inheritance, words weigh as much as feelings. For this reason, if you have doubts about the reserved shares of the inheritance, if you wish to better understand who are the heirs in inheritance succession or simply wish to draw up a peaceful and secure will, it is always useful to discuss with someone who has experience in this field. Sometimes, a well-conducted consultation is enough to avoid complications. Studio Legale Boschetti, through its informational space Family Law Boschetti, makes its experience available to those who wish to safeguard what matters, with clarity and respect for the rules.
