Inheritance for de facto couples in Italy
- Inheritance for de facto couples in Italy
- De facto couples and regulatory framework on succession in Italy
- Differences between de facto couples and married couples in matters of succession
- The importance of the will for de facto couples
- Inheritance between cohabitants with testamentary bequest
- Inheritance rights of the de facto cohabitant in absence of will
- Inheritance and children
- Division of patrimony
- International succession for de facto couples
- Legal advice for inheritance for de facto couples in Italy
De facto couples, while sharing a life together, do not enjoy the same inheritance rights as married or civilly united couples. In case of death of one of the cohabitants, the surviving partner is not automatically recognised as heir, risking exclusion from the patrimony of the deceased. Italian regulation, in fact, provides only limited protections, such as a temporary right of habitation on the common home, while the will remains the only instrument to ensure complete property protection.
To avoid conflicts and ensure economic and property security to the cohabitant, it is fundamental to carefully plan the succession. Drafting a will, stipulating cohabitation contracts and assessing solutions such as life insurance policies or targeted donations are essential steps to protect the surviving partner. Furthermore, de facto couples with international ties must face further complexities, that require expert legal advice.
Boschetti Studio Legale, thanks to its experience in inheritance and international law, offers personalised support to help you plan the protection of your partner and of your assets, overcoming current regulatory limitations. Contact us for a dedicated consultation and discover how we can assist you in ensuring the security of your future.
De facto couples and regulatory framework on succession in Italy
De facto couples, regulated by the Cirinnà Law (n. 76/2016), represent a form of stable cohabitation between two persons who have not formalised their union through marriage or civil union. Before the introduction of this regulation, cohabitants were completely excluded from any form of protection, including inheritance protection.
Only marriage guaranteed inheritance rights to the surviving partner, while the only exception provided for cohabitants concerned the right to take over the rental contract of the property occupied by the deceased, leaving the cohabitant deprived of any other property protection.
With the approval of the Cirinnà Law, the legal landscape changed, although only partially. In fact, while for members of a civil union the same inheritance rights as spouses were provided, for de facto cohabitants the protections remained limited and specific. In particular, if no will exists, the surviving cohabitant does not acquire any rights over the assets of the deceased partner. The law, however, as will be said further on, provides for a temporary right of habitation on the common home, an aspect that deserves separate examination.
This situation highlights a fundamental distinction between de facto couples and civil unions, essential to understand the various implications in matters of succession and to underline the importance of property planning as an instrument to adequately protect the cohabiting partner.
Unless a marriage or civil union exists, for any other form of cohabitation between the de cuius and a particular person, the surviving cohabitant does not derive the right to be included among the legitimate heirs nor among the legal heirs of the deceased.
Consequently, in situations in which one intends to recognise a benefit mortis causa to the surviving cohabitant, it is indispensable to resort to a will in which such will is expressly declared.
These regulatory differences highlight the need for careful and conscious planning during life, to ensure protection and economic security to the cohabiting partner, especially in de facto couples that, while sharing a life together, cannot count on the same rights recognised to spouses or to members of a civil union.
Differences between de facto couples and married couples in matters of succession
When speaking of successions, it is fundamental to understand the differences between de facto couples and married or civilly united couples, in particular as regards the inheritance rights provided by law.
Married or civilly united couples enjoy a series of specific protections that ensure a privileged position to the surviving partner, compared to those who live in a de facto couple. In those cases, in fact, the surviving spouse is recognised as legitimate heir and has the right to a share of the inheritance patrimony of the deceased, which depends on the presence of other heirs, such as children or parents.
One of the main guarantees for the surviving spouse is the right to live in the common home, even without a testamentary provision in this sense.
This right offers solid housing security, since the surviving partner can continue to live in the shared home, without the risk of it being transferred to third parties.
On the contrary, de facto couples do not enjoy similar treatment. In the absence of marriage or civil union, the surviving cohabitant is not considered a legitimate heir and has no right to any part of the patrimony of the deceased.
Italian law does not automatically attribute any inheritance share to the partner who survives in a de facto couple. However, a temporary right of habitation on the common home exists, but such right is linked to the duration of cohabitation and to other factors linked to the family situation.
If cohabitation has lasted less than two years, the surviving cohabitant will have the right to remain in the common home for a maximum of two years. If, instead, cohabitation has lasted longer, the right of habitation can be extended up to five years, provided there are no minor or disabled children. In these cases, the right of habitation is guaranteed for at least three years, ensuring greater protection for the remaining cohabitant.
For those who live abroad or are foreign citizens in Italy, legal differences may be even more complex, especially when Italian regulations clash with those of the country of origin of the deceased or of the surviving cohabitant. For example, if a couple of foreign citizens lives in Italy and one of the two dies, succession laws of the country of origin may come into play, creating conflicts that require careful management. In these cases, a lawyer experienced in international law becomes essential to resolve issues linked to succession and to protect the rights of those who remain.
Boschetti Studio Legale, with its specialisation in family law and successions, also international, offers qualified assistance for all situations linked to de facto couples, married or civilly united couples, and foreign citizens. Our team of expert lawyers is able to guide you through complex legal issues, ensuring that your rights are protected and that every aspect of succession is treated with maximum professionalism.
If you find yourself in a situation in which you must face a succession issue, both in Italy and at international level, our firm is at your disposal to support you and provide you with adequate legal advice.
The importance of the will for de facto couples
Can it be said, therefore, that drafting a will in favour of one’s partner is of little importance? Absolutely not. It is important to underline that, in the absence of close family members, one has the faculty to destine one’s patrimony to whomever one wishes.
It must also be clarified that, with the exception of the spouse and children, and the ascendants in the absence of children (who enjoy untouchable inheritance rights), other close relatives can be excluded through a will. Therefore, it is fully feasible to prepare a testamentary bequest in favour of the cohabitant, attributing to them the entire patrimony in case there are only brothers and sisters.
These latter, in fact, would inherit everything in the absence of testamentary provisions, but do not enjoy reserved share rights. For this reason, it is possible to exclude them, explicitly designating through a will a different beneficiary for one’s assets.
For de facto couples, the will represents therefore the only instrument capable of protecting the property rights of the surviving partner. In the absence of a will, in fact, the cohabitant cannot access the patrimony of the deceased, which is instead distributed among the legitimate heirs, such as children, parents or other relatives. The planning of succession, therefore, plays a primary role in de facto cohabitation relationships.
The discipline introduced by the Cirinnà Law (in force since 5 June 2016, Legge 20 maggio 2016, n. 76) does not contemplate any inheritance right for cohabitants, despite this regulation having been awaited for a long time to regulate de facto families. Such unions, as noted by Istat, have almost doubled in the last five years, and their rapid spread has made evident the need for specific legislation.
By “de facto cohabitants”, let us recall, two adult persons are meant who stably cohabit in an affective couple relationship, based on mutual moral and material assistance, without ties of kinship, affinity or adoption, nor bound by marriage or civil union. The verification of stable cohabitation is based on registry data. Drafting a will allows designating the cohabitant as universal heir or destining specific assets to them, such as the common home or sums of money.
By way of example, if a de facto couple owns a shared property, the will can guarantee the surviving partner the right to live in the property or to acquire its ownership, avoiding that other heirs may claim a share. However, it is necessary to respect the reserved shares for the necessary heirs such as children or parents of the deceased, if present. In the absence of careful planning, the cohabitant could find themselves involved in legal disputes with the other heirs.
The Cirinnà Law also regulates the right of the cohabitant to continue using the home after the death of the owner. In case of death of the holder of the main dwelling, the surviving cohabitant can continue to live there for two years or for a period equal to the duration of cohabitation if longer, but not exceeding five years. This right extends to three years if minor or disabled children reside in the home, but lapses if the cohabitant stably leaves the common residence, marries, contracts a civil union or starts a new cohabitation. Also for rented dwelling, the surviving cohabitant can take over the contract.
Finally, it could be highly advisable to specify in the will the individual assets that concretely fall within the reserved share, thus avoiding the generation of accidental joint ownership between the separated spouse (or the children) and the cohabitant. Often, it is appropriate to consult with a lawyer experienced in inheritance law, who will be able to provide the best suggestions to prevent conflicts and misunderstandings. If we truly care about someone, we wish to avert that, once we are gone, beyond the property aspect, their tranquillity is compromised.
In addition to the will, it is possible to resort to other instruments, such as the donation with reservation of life usufruct, to plan in advance the succession of de facto couples. However, it is important to remember that the cohabitant is fiscally equated to a stranger and does not enjoy benefits or exemptions.
An alternative solution can be the stipulation of a life insurance policy, designating the cohabitant as beneficiary. Cohabitation contracts, also provided by the Cirinnà Law and stipulated before a lawyer, allow regulating the property aspects of common life and preventing disputes in case of cessation of the relationship.
Considering that about half of marriages end within a few years, careful planning is essential not only for married couples, but also for de facto ones, to ensure stability and security to the surviving partner.
Inheritance between cohabitants with testamentary bequest
As already mentioned, de facto couples (those composed of two persons who cohabit united by an affective bond) are not recognised any rights in the area of succession. This means that, in case of death of one of the partners, the survivor has no inheritance right in the absence of a will.
However, this does not exclude that inheritance between cohabitants cannot equally be regulated, and therefore that the surviving partner cannot become heir of the deceased.
In fact, if the latter decides to draft a will, they can freely dispose of their assets in favour of the cohabitant, both through the designation of specific assets and by appointing them as universal heir, but such provisions must always respect the limits imposed by law, which guarantee a share of the patrimony to any forced heirs, such as spouses, children or ascendants.
In fact, there are inviolable inheritance rights reserved to the closest relatives, who must receive a minimum part of the patrimony established by law and, where this share is not respected, they can turn to the Judge to obtain the restitution of the asset inherited by third parties or the equivalent in money to restore their reserved share (so-called action for reintegration).
For example, a deceased cohabitant could leave behind their partner and their mother: the latter, as ascendant of the deceased, would be entitled to at least 1/3 of the patrimony of the child. If the will destined to the partner a considerable sum of money and the only owned house, the mother could oppose such provision if the overall value exceeded 2/3 of the patrimony.
In such a scenario, the heirs would have to value the property, and the partner could be obliged to pay the mother with a part of the inherited money or by transferring a share of the house, until reaching the equivalent of 1/3 of the patrimony due to the mother. However, targeted testamentary planning could avoid such conflicts: for example, if a person wishes to destine the common home to their cohabiting partner while having children, they can provide for a bequest that ensures the cohabitant the right of habitation, while an equivalent property share is attributed to the children in the form of liquidity or other assets. This approach allows protecting both the surviving cohabitant and the legitimate heirs, respecting the rights of both parties.
Inheritance rights of the de facto cohabitant in absence of will
As broadly explained, in the absence of a will de facto cohabitants find themselves in a position of disadvantage compared to spouses and civilly united partners, since the inheritance rights of the cohabitant cannot automatically arise. Below we illustrate an examination of the few inheritance rights of de facto couples according to Italian regulation.
- Temporary right of habitation on the home of common residence
The surviving cohabitant, if they resided with the deceased partner in a property of their ownership, has the right to continue to live there for a limited period, generally up to five years. This right is recognised only if cohabitation has been formally registered at the Registry Office. However, the temporal limit makes this protection partial: the cohabitant does not acquire any right of ownership or usufruct on the property. Once the established period has elapsed, the cohabitant must leave the dwelling, save for different testamentary provisions or agreements with the legitimate heirs.
This right is important because it protects the cohabitant from an immediate loss of their dwelling, but is not sufficient to ensure long-term housing stability.
- Takeover of the rental contract
If the couple lived in a rented property and the contract was registered to the deceased cohabitant, the surviving partner has the right to take over the rental contract. This right applies regardless of the type of property (main dwelling, holiday home, etc.) and is subordinate to the formalisation of cohabitation.
The takeover ensures the cohabitant a continuity of dwelling without having to negotiate with the owner of the property. However, it is a protection limited to the rental context and does not extend to other property rights, such as the possibility of inheriting furnishings or movable assets present in the dwelling.
- Compensation for damage for unlawful death of the cohabitant
In the case in which the death of the cohabitant is caused by an unlawful act (for example, a road accident, an aggression or a medical error), the surviving cohabitant can request compensation for damage. The law considers the cohabitant as a person linked by an affective and material bond to the deceased, recognising the right to compensation for moral, existential or property damage suffered.
This protection is relevant because it is not based on marriage or civil union, but on the affective bond and on cohabitation. However, compensation is recognised only in relation to the unlawful event and does not constitute an inheritance right on the patrimony of the deceased.
- Rights of children born from cohabitation
Children born from a relationship between cohabitants enjoy all the inheritance rights provided by law, equated to children born within marriage. This means that they have the right to a reserved share of the patrimony of the deceased parent, regardless of the marital status of the parents. Their position is protected by the Constitution and by the Civil Code, which recognise full equality between children.
However, the surviving cohabitant does not benefit from this protection: the assets of the deceased pass to the children or to other legitimate heirs (for example, parents or siblings), leaving the cohabitant without rights.
The current regulatory framework underlines how the surviving cohabitant, in the absence of a will, does not enjoy inheritance rights on the patrimony of the deceased, despite the protections introduced by the Cirinnà Law. This lack risks leaving the partner in a condition of extreme economic and property vulnerability.
The will represents, therefore, an essential instrument to protect the de facto cohabitant. Through it, for example, it is possible to guarantee the right of habitation, allowing the surviving partner to continue to live in the common home without temporal limits.
Furthermore, the will allows attributing specific assets to the cohabitant, such as properties, furnishings or economic resources, avoiding that these be automatically inherited by the legitimate relatives.
At the same time, drafting a will also offers a formal recognition of the value of the relationship, expressing the will to legally and emotionally protect the partner.
In a regulatory context that does not fully reflect the complexity of contemporary families, the will is not only a legal act, but a gesture of responsibility and love, capable of offering security, stability and adequate recognition to the affective bond between cohabitants.
Inheritance and children
Do children born of married parents and those who came into the world from parents not united in marriage enjoy the same rights?
Certainly yes. For a long time, the legislator reserved a privileged treatment to legitimate children, that is to say those born within marriage, compared to natural children, that is to say those born outside marriage. The latter often suffered discriminations: for example, legitimate children could exclude natural children from the division of inheritance patrimony, paying them off with a sum of money.
Thanks to the reforms introduced in recent years, the distinction between legitimate and natural children has been abolished, in fact eliminating any difference in treatment. Today, children born outside marriage have the same rights as those born of married parents, also as regards inheritance issues.
However, a particularity exists. If the parents are married, on the death of one of the two, the children will divide the inheritance with the remaining living parent. If the parents are not married, instead, on the death of one of the two, the children will be the only heirs, unless the deceased parent has destined a part of their patrimony to the surviving parent through a will.
The presence of children, however, makes the management of succession in de facto couples more complex. The children, in fact, always have the right to a reserved share, regardless of the marital status of the parents. This means that, even in the presence of a will, the children can claim a part of the patrimony.
For example, if a cohabitant chooses to leave the common home to the surviving partner, the children can in any case request a share corresponding to the value of that property.
To prevent conflicts, it is possible to adopt compensatory solutions, such as destining other assets or sums of money to the children, while ensuring the right of the cohabitant to the home.
Thanks to these precautions, one can seek to balance the interests of all subjects involved, respecting the inheritance of de facto couples for the children and protecting the surviving partner in non-marital cohabitation situations.
Division of patrimony
The division of inheritance patrimony between cohabitants at the time of death of one of the two represents one of the most delicate and often underestimated issues in de facto couples. Unlike married couples, cohabitants do not enjoy automatic protection provided by law in matters of succession. This means that, in the absence of specific property planning or a will, the surviving partner risks being completely excluded from the inheritance, with often very heavy emotional and economic consequences.
In a de facto couple, when one of the cohabitants passes away, the inheritance patrimony is distributed according to the general rules of the Civil Code, which privilege the relatives of the deceased, such as children, parents or other family members, without recognising any right to the surviving cohabitant. This can lead to situations of strong injustice, especially if the patrimony includes shared assets or those purchased together during cohabitation.
For example, a property that both cohabitants considered “family” could end up in the hands of the legitimate heirs of the deceased, completely excluding the surviving partner.
The lack of inheritance rights for the cohabitant makes it fundamental to adopt preventive measures to avoid conflicts and ensure a distribution of the patrimony that respects the will of the couple. The will is an essential instrument in this sense, since it allows designating the cohabitant as heir or beneficiary of specific assets.
Without a will, the law leaves no room for interpretation: the cohabitant will inherit nothing, not even the assets that both had contributed to purchasing. Through the will, instead, it is possible to protect the surviving partner, ensuring them the right to continue to live in the shared home or to benefit from economic resources left in inheritance.
In addition to the will, the cohabitation contract can also play a crucial role. This agreement allows regulating in advance the ownership of assets accumulated during the relationship and establishing clear rules for the management of patrimony.
For example, a cohabitation contract can provide that movable and immovable assets jointly purchased be considered common property and that, in case of death, the surviving partner maintain the ownership or use of such assets. Without these protections, not only could the partner lose assets of great economic value, but also items of emotional importance.
A practical example clearly illustrates the problems that may arise. Let us imagine a de facto couple that has lived for years in a house purchased together, but registered only to one of the two cohabitants. If the owner dies without having left a will or a property agreement, the surviving partner will have no legal right on the property. The house could be sold or claimed by the legitimate heirs, forcing the remaining cohabitant to have to abandon what was their family nest.
The division of inheritance patrimony between cohabitants represents a complex topic and often a source of injustice, due to the absence of automatic protections provided by law. The lack of inheritance rights for the surviving cohabitant, combined with the prevalence of the legitimate heirs, can generate situations of conflict and deprive the partner of the possibility of maintaining shared assets or resources.
Without adequate testamentary preparation, the patrimony risks being distributed in an inconsistent manner with respect to the affective bonds and the real will of the deceased, highlighting the need for more inclusive regulatory solutions responsive to the diversity of today’s family realities.
Boschetti Studio Legale is specialised in providing advice in matters of family law and successions, with particular attention to de facto couples and to international contexts. Thanks to our experience, we can help you to prevent these problems, carefully planning the division of patrimony and protecting the rights of your partner. We help you to draft wills, we stipulate cohabitation contracts and we address issues linked to cross-border inheritance, ensuring tailor-made solutions for every need. Contact us to protect what counts most: the well-being of your partner and respect for your wishes.
International succession for de facto couples
International successions represent one of the most delicate areas of law, especially when it comes to relationships and de facto couples, for whom various difficulties may emerge linked to the management of assets, as well as to the protection of due rights. When a de facto couple decides to move abroad, or to own assets in multiple countries, or when one of the partners is a foreign citizen, complications can therefore grow considerably.
Imagine having a property in a country in which laws do not automatically recognise the rights of the cohabitant, or if the will you have drafted to protect your partner in another country is not recognised in Italy.
In situations like these, it is fundamental to plan adequate inheritance planning, that takes into account local and international regulations, without forgetting that a will drafted abroad might not be immediately recognised in Italy, and Italian laws might not provide the same protection for the cohabitant compared to the spouse. This can entail mishaps and legal situations difficult to resolve without the assistance of experts.
For example, in some jurisdictions, only blood relatives or spouses have the right to receive the inheritance, while according to other laws rights can also be recognised to cohabitants. Therefore, if one does not plan adequately, a property or other asset might not pass to the cohabitant, but to other family members, with potentially devastating consequences for those who find themselves in a situation of cohabitation not recognised by local law.
To avoid problems linked to international succession, it is crucial to rely on professionals with experience in international inheritance law. To this end, the lawyers of Boschetti Studio Legale, experts in this sector, are able to assist clients in the drafting of a will that takes into account both Italian laws and those of other Countries. Their competence allows ensuring that the will of the testator is respected, drafting specific clauses containing tailor-made solutions, protecting the rights of the cohabitant and avoiding that the assets be transferred to undesired persons.
The specialised lawyers of our team, furthermore, are able to explain the validity of a will drafted abroad, providing clarity on which aspects are recognised in Italy and which are not. It will be their task, also, to help clients to draft documents that respect the laws of multiple jurisdictions, avoiding conflicts between legislations and resolving in advance any critical issues linked to inheritance assets located abroad.
In summary, when it comes to international succession in the area of cohabitation, planning is essential.
It is important not only to understand the laws of the country of residence, but also how these interface with those of other countries in which one owns the assets that one would like to dispose of. Relying on professionals expert in international law such as Boschetti Studio Legale can make the difference, avoiding the rise of possible future disputes.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law cases that the firm routinely handles, with the aim of creating a structured and complex case study to help readers navigate the handling of their own personal cases. The case studies, on the other hand, illustrate individual cases that have actually been handled by the firm, with data and details anonymised to ensure client confidentiality.
Registrazione del contratto di convivenza e regolarizzazione del partner straniero
Coppia residente a Roma: cittadino italiano e compagna straniera priva di documenti di soggiorno. Ricorso cautelare ex art. 700 c.p.c. per tutela della convivenza, seguito da pratica per carta di soggiorno familiare UE.
Adozione di maggiorenne per riconoscere un rapporto familiare di fatto
Cittadino statunitense residente a Roma con legame affettivo stabile con lo zio acquisito. Procedimento per adozione di persona maggiorenne ex artt. 291 e ss. del Codice Civile per formalizzare il rapporto familiare.
Contratto di convivenza per coppia italo-brasiliana: tutela patrimonio e permesso di soggiorno
Imprenditore italiano e compagna brasiliana conviventi da tre anni a Milano. Tre vulnerabilità interconnesse: migratoria, patrimoniale e successoria, risolte con un intervento coordinato su tre fronti paralleli.
Adozione in Colombia: coppia italiana realizza il sogno dopo 3 anni di percorso
Una coppia sposata da otto anni intraprende l’adozione internazionale con la Colombia. Un percorso attraverso due ordinamenti, tre istituzioni italiane e l’autorità centrale colombiana.
Successione con eredi in 4 paesi diversi: coordinamento Italia-USA-UK-Svizzera
Un imprenditore italiano lascia un patrimonio distribuito tra Italia, Stati Uniti e Svizzera, con quattro eredi in altrettanti paesi. Quattro ordinamenti, quattro sistemi fiscali da coordinare in parallelo.
Adozione maggiorenne figlio del partner: riconoscimento legame affettivo ventennale
Un uomo di cinquantotto anni chiede di adottare il figlio trentenne della moglie, cresciuto insieme da vent’anni. Un legame reale che la legge non riconosceva, con implicazioni successorie per i figli biologici.
Impugnazione testamento per lesione di legittima: recuperati 800.000 euro per gli eredi
Due figli ricevono 20.000 euro ciascuno da un testamento che lascia quasi tutto alla seconda moglie del padre. Un’azione di riduzione per lesione della quota di legittima risolta in mediazione.
Pianificazione successoria azienda familiare: passaggio generazionale da 3 milioni
Un imprenditore di sessantadue anni deve trasferire un’azienda da 50 dipendenti al figlio che la gestisce, tutelando la figlia che ha scelto un altro percorso. Patto di famiglia e holding per garantire continuità.
Adozione internazionale da parte di single: quando la legge apre una strada che pochi conoscono
Una donna single di quarantacinque anni intraprende l’adozione internazionale. Un percorso giuridicamente possibile ma poco conosciuto, che richiede una strategia legale specifica fin dal decreto di idoneità.
Eredità digitale: gestione criptovalute e asset digitali del defunto
Un professionista muore lasciando criptovalute per oltre 600.000 euro su wallet e exchange, senza istruzioni di accesso. Un patrimonio digitale che rischiava di andare perduto per sempre.
Rettifica del nome per persona transgender: documenti coerenti con la propria identità
Una professionista trentaduenne, in trattamento ormonale da otto anni, con documenti ancora al nome maschile di nascita. La discrepanza anagrafica generava outing forzati quotidiani in ambito lavorativo, bancario e amministrativo.
Attribuzione di sesso e aggiornamento di oltre 20 documenti: dalla sentenza alla nuova identità anagrafica
Un dirigente di 45 anni con sentenza di rettificazione già ottenuta si trova davanti al vero ostacolo: coordinare carta d’identità, patente, laurea, contratti di lavoro, mutuo e polizze assicurative presso enti con procedure non uniformate.
Legal advice for inheritance for de facto couples in Italy
De facto couples, ever more common in modern society, continue to be penalised by poor legal protection, especially in case of succession. Unlike marriages, where the surviving spouse enjoys specific inheritance rights, for de facto couples such rights are not guaranteed, and without adequate legal instruments the surviving partner could have no right over the assets of the deceased, leaving them in a position of vulnerability.
The will represents the fundamental instrument to protect the cohabitant, allowing the distribution of one’s patrimony according to personal will and avoiding that important assets automatically go to the legitimate relatives. To this end, we can assist you in the drafting of a clear and complete will that respects your wishes, ensuring that assets such as the common home or other important properties are destined exactly as you wish, avoiding any doubt or dispute with the legitimate relatives.
For example, a cohabitant can explicitly destine the common home to the partner, ensuring their housing security, while in the absence of a will the surviving partner would have no right, save for other explicit provisions.
Further support can be offered by the cohabitation contract, which allows establishing reciprocal rights and duties, such as property management or division of assets in case of separation; although it does not guarantee direct inheritance rights, it can integrate the will and prevent disputes on issues such as the management of commercial activities or properties. Our team can guide you in the creation of a well-structured cohabitation contract, that defines reciprocal rights and duties, ensuring transparent property management and preventing future conflicts, both in case of separation and in inheritance situations.
For couples with ties or properties in different Countries, the issue becomes even more complicated, since each nation has specific regulations, and the surviving partner might not be protected everywhere; in these cases, international property planning is essential to ensure protection in all the countries involved.
If you or your partner have properties or ties in different Countries, our firm, with its experience in international law, can support you in international property planning, ensuring that protection is effective in all jurisdictions involved.
Boschetti Studio Legale offers personalised advice for the property planning of de facto couples, addressing both local and international needs; thanks to its many years of experience, the team supports clients in the drafting of clear wills and effective cohabitation contracts, in addition to managing complex international successions.
Do not leave your future to chance: rely on a professional to protect your patrimony and ensure the security of your partner, by contacting Boschetti Studio Legale for tailor-made advice that takes into account your specific needs and the applicable regulations.
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What is due to the de facto cohabitant in case of death?
In case of death of the de facto cohabitant, the latter has no automatic rights on the inheritance, since Italian law does not provide for inheritance rights for unmarried cohabitants. However, if the deceased has drafted a will, the cohabitant can inherit according to the testamentary provisions. In the absence of a will, they will not be entitled to any inheritance share, since it is not provided for by law.
When does the cohabitant have the right to inheritance?
The de facto cohabitant can inherit only if expressly designated in the will of the deceased, since the regulation in force does not provide for inheritance rights for cohabitants not united in marriage. Italian law recognises inheritance rights only to spouses and to legitimate relatives (such as children and parents). In the absence of a will, therefore, the cohabitant has no right to any portion of the inheritance of the deceased partner.
What happens if a de facto cohabitant dies without a will?
If a de facto cohabitant dies without a will, the surviving partner has no right to the inheritance, since Italian law does not automatically recognise inheritance rights for unmarried cohabitants. Succession opens in favour of the legitimate relatives, such as children, parents or siblings, according to the order established by the Civil Code. In the absence of relatives, the inheritance will go to the State. The cohabitant can be excluded.
How to demonstrate being de facto cohabitants?
To demonstrate de facto cohabitation, it is necessary to provide documentary evidence that attests stable cohabitation, such as the registration of common registry residence or official declarations at the Municipality. Furthermore, testimonies or other documents (such as rental contracts, joint bank accounts or tax declarations) can be used to prove the duration and continuity of the cohabitation relationship, even without marriage.
