{"id":2411,"date":"2024-10-02T15:15:29","date_gmt":"2024-10-02T13:15:29","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2411"},"modified":"2026-07-31T11:49:10","modified_gmt":"2026-07-31T09:49:10","slug":"inheritance-to-grandchildren","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/inheritance\/inheritance-to-grandchildren\/","title":{"rendered":"Inheritance to grandchildren"},"content":{"rendered":"

Inheritance to grandchildren in Italy<\/h1>\n
Grandchildren can be recipients of inheritance, but it is necessary to respect the rules on succession matters, which provide specific protections for direct heirs. Accurate planning, through professionals experienced in the sector, allows including also grandchildren among the beneficiaries, avoiding future contestations.<\/div>\n
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In inheritance law, inheritance to grandchildren is a delicate and complex topic that requires deep knowledge of the regulations in force.<\/p>\n<\/p>\n

If on one hand the law provides precise provisions to ensure the rights of forced heirs, on the other, the situation can become considerably complicated when speaking of succession by representation or of testamentary provisions in favour of grandchildren.<\/p>\n<\/p>\n

In this context, the presence of foreign citizens residing in Italy introduces further elements of complexity regarding inheritance<\/a> to grandchildren for a foreign citizen in Italy, due to the interaction between Italian law and private international law.<\/p>\n<\/p>\n

We will explore in detail the various modalities by which grandchildren can inherit from grandparents or uncles, and how these provisions also apply to foreign citizens.<\/p>\n<\/p>\n

We will also illustrate the legal instruments that those who wish to allocate a part of their patrimony to grandchildren can avail themselves of, such as the will<\/a> in favour of grandchildren or the legitimate succession of grandchildren, as well as the importance of correct management of indirect donations and of the operations of collation by imputation and voluntary collation.<\/p>\n

Boschetti Studio Legale, specialised in inheritance law, is available to provide qualified advice in every phase of the inheritance practice.<\/p>\n<\/div>\n

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The inheritance of grandchildren and the available share<\/h2>\n<\/div>\n
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When speaking of inheritance to grandchildren it is fundamental to understand how Italian law protects the rights of forced heirs, that is to say those heirs to whom by right a part of the deceased’s patrimony pertains, regardless of the presence or otherwise of a will.<\/p>\n<\/p>\n

Forced heirs include the spouse, the children and, in the absence of these, grandchildren by representation, that is to say when their parent (child of the de cuius) has predeceased. In this case, the grandchildren take over in the position that would have pertained to their parent, and have the right to a share of the inheritance estate of grandchildren.<\/p>\n<\/p>\n

However, it is important to underline that the inheritance estate is divided into two parts: the forced heirship share and the available share.<\/p>\n<\/p>\n

The forced heirship share is that reserved by law to necessary heirs, such as children or spouse, and cannot be derogated from by testamentary provisions.<\/p>\n<\/p>\n

The available share, instead, is that part of patrimony of which the testator can freely dispose through a will, which can include a will in favour of grandchildren.<\/p>\n<\/p>\n

For example, if a grandfather wants to leave a part of his inheritance to grandchildren, he can do so through the will, but he must respect the shares of forced heirship pertaining to other heirs, such as children or spouse. This aspect becomes crucial when one wants to avoid future disputes among heirs or contestations of the legitimacy of the will.<\/p>\n

Boschetti Studio Legale deals with assisting clients in testamentary planning, ensuring that the wishes of the deceased are respected and that the testamentary provisions comply with the rules on forced heirship, minimising the risks of contestation.<\/p>\n<\/div>\n

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To whom does the inheritance of grandparents and uncles pertain? To grandchildren, yes, but only in some cases<\/h2>\n<\/div>\n
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One of the most misunderstood aspects of inheritance law concerns legitimate succession to grandchildren.<\/p>\n<\/p>\n

Many people believe that grandchildren can automatically inherit from grandparents or uncles, but this is not always so. In fact, grandchildren take over the position of their parent only if the latter has already died at the moment of the opening of the succession.<\/p>\n<\/p>\n

This principle takes the name of representation and applies only between direct ascendants and descendants.<\/p>\n<\/p>\n

If, instead, we are speaking of inheritance from uncles, the situation changes. Representation<\/a> does not apply to relationships between uncle and nephew, for which reason nephews cannot automatically take over in the absence of a will.<\/p>\n<\/p>\n

If an uncle wants to leave their assets to nephews, it is necessary that they dispose in their favour through a will in favour of grandchildren. Otherwise, the inheritance will be distributed among the other forced heirs, such as brothers or sisters of the deceased, according to what is provided for by law.<\/p>\n<\/p>\n

In these circumstances, it is essential to clearly understand the rights and possibilities of intervention in testamentary or succession scope.<\/p>\n

Boschetti Studio Legale provides tailored advice, assessing case by case whether grandchildren have the right to the inheritance and assisting in the drafting of wills that provide a specific destination in their favour, always in compliance with the forced heirship shares<\/a> and with the regulations in force.<\/p>\n<\/div>\n

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Inheritance towards grandchildren: inheritance practices for foreign citizens residing in Italy<\/h2>\n<\/div>\n
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The situation becomes further complicated when foreign citizens residing in Italy are involved in the succession. According to EU Regulation n. 650\/2012<\/strong>, which regulates international successions, the law applicable to the succession of a foreign citizen is that of their country of citizenship, unless they have opted for the application of Italian law with an explicit testamentary declaration.<\/p>\n<\/p>\n

If a foreign citizen dies in Italy without having expressed this wish, their inheritance will be regulated by the law of the country of origin, but only for movable assets, while for real estate Italian law will apply. This mechanism often creates a situation of regulatory overlap that can be difficult to manage, especially when heirs residing in different countries or assets located in multiple jurisdictions are involved.<\/p>\n<\/p>\n

For example, if a French citizen residing in Italy wants to allocate part of their inheritance to grandchildren, they will have to take into account the succession rules of their country of origin, unless they choose to subject their succession to Italian law. This can be done through a specific will, which Boschetti Studio Legale can help to draft, ensuring that the wishes of the testator are respected and that there are no conflicts with the rules of private international law.<\/p>\n<\/p>\n

Another important aspect to consider concerns indirect donations, that is to say those donations that are not formally registered as such, but that nevertheless produce patrimonial effects in the succession. A common example is the payment of a grandchild’s debt by the grandfather, which can be considered an indirect donation<\/a>. These donations can affect the inheritance estate of grandchildren, and therefore it is important to know how to manage them correctly to avoid problems in the phase of division of the patrimony. Boschetti Studio Legale offers support in the assessment and management of these donations, preventing any disputes among heirs.<\/p>\n<\/div>\n

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Legal advice for inheritance to grandchildren in Italy<\/h2>\n<\/div>\n
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The management of an inheritance involving foreign citizens in Italy is particularly complex and requires a multidisciplinary approach. The advice of a lawyer for international inheritances is fundamental to ensure that the succession is managed in compliance with Italian laws and those of the country of origin of the deceased.<\/p>\n<\/p>\n

For example, if a foreign citizen residing in Italy wishes to leave their inheritance to grandchildren, it is indispensable to consider both Italian rules and those of their country of origin.<\/p>\n<\/p>\n

Boschetti Studio Legale offers complete and personalised legal advice, dealing not only with the drafting of transnational wills, but also with the practical management of inheritance practices, including collation by imputation and voluntary collation.<\/p>\n

These legal instruments allow rebalancing the patrimony among heirs, taking into account donations made during life by the de cuius, to ensure that all grandchildren and other heirs receive their fair part.<\/p>\n<\/div>\n

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How can we help you<\/h3>\n
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The management of inheritance to grandchildren, and of inheritance to grandchildren for a foreign citizen in Italy, is a complex process, made even more intricate by the presence of foreign citizens or assets located in multiple jurisdictions. Legal advice is essential to ensure that every aspect of the succession is correctly addressed, from the protection<\/a> of the rights of forced heirs to the correct application of the rules of private international law.<\/p>\n<\/p>\n

Boschetti Studio Legale, thanks to its experience in inheritance law, is able to provide personalised and targeted assistance in all phases of the succession process, from preventive advice for the drafting of wills that protect grandchildren, to the management of complex international inheritance practices. If you are facing an inheritance question, especially in the presence of foreign citizens or assets distributed in multiple countries, turning to a specialised law firm like ours will allow you to navigate without difficulty among the regulations and practical needs, ensuring respect for the wishes of the deceased and the rights of all heirs involved.<\/p>\n

Contact our law firm for professional and in-depth advice on succession matters, and ensure an inheritance managed with respect for the laws and your family serenity.<\/p>\n<\/div>\n

Contact Us<\/a><\/p>\n<\/div>\n

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When do grandchildren have the right to the inheritance?<\/h3>\n
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Grandchildren can inherit when their parent, child of the deceased, has died before or at the same time as the grandparent. In this case, they take over by representation, taking the share that pertained to their parent. If the parent is alive, grandchildren do not automatically inherit.<\/p>\n\n<\/div>\n<\/div>\n

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How much does a lawyer for an inheritance case cost?<\/h3>\n
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The cost of a lawyer depends on the complexity of the case and on the value of the inheritance. Generally, the cost can vary considerably, and some lawyers might require a percentage of the inheritance or apply variable rates based on the services offered.<\/p>\n\n<\/div>\n<\/div>\n

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What is the forced heirship share due to grandchildren?<\/h3>\n
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Grandchildren only inherit if their parent has died. The share due to grandchildren is that which would have pertained to their parent, divided among them in equal parts. The percentage depends on the number of heirs and on the family composition.<\/p>\n\n<\/div>\n<\/div>\n

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How much do grandchildren pay in the succession?<\/h3>\n
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Grandchildren pay an inheritance tax only on the part of the inheritance exceeding a certain threshold.
\nIf the inheritance does not exceed such limit, no tax applies. Other costs may include notarial expenses and taxes on inherited real estate.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div><\/div>\n

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Inheritance to grandchildren in Italy Grandchildren can be recipients of inheritance, but it is necessary to respect the rules on succession matters, which provide specific protections for direct heirs. Accurate planning, through professionals experienced in the sector, allows including also grandchildren among the beneficiaries, avoiding future contestations. In inheritance law, inheritance to grandchildren is a […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":2390,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-2411","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2411","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/comments?post=2411"}],"version-history":[{"count":9,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2411\/revisions"}],"predecessor-version":[{"id":3462,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2411\/revisions\/3462"}],"up":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2390"}],"wp:attachment":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/media?parent=2411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}