{"id":2439,"date":"2024-11-12T10:53:43","date_gmt":"2024-11-12T09:53:43","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2439"},"modified":"2026-07-08T07:53:38","modified_gmt":"2026-07-08T05:53:38","slug":"actions-to-protect-the-inheritance","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/inheritance\/actions-to-protect-the-inheritance\/","title":{"rendered":"Actions to protect the inheritance"},"content":{"rendered":"

Actions to protect the inheritance in Italy<\/h1>\n
Actions to protect the inheritance serve to defend the rights of heirs against acts that compromise the inheritance patrimony. Italian regulation offers instruments to prevent fraud or violations. Adequate legal advice facilitates the application of these measures.<\/div>\n
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The management of the inheritance represents a particularly intricate legal and human area, where respect for the wishes of the deceased, protection of the rights of heirs and often complex relational dynamics within families intertwine. In many cases, the transfer of patrimony can transform into fertile ground for conflicts and disputes, especially when testamentary provisions prove ambiguous, or when the absence of a will exposes the inheritance to the rigid rules of legitimate succession.<\/p>\n<\/p>\n

The protection of the inheritance is not limited to the simple distribution of assets. It extends to the defence of the rights of forced heirs, to the management of any inheritance debts, and to the resolution of disputes linked to the division of the patrimony. Furthermore, the existence of real estate or movable assets of particular economic or affective value can further complicate the process, giving rise to family quarrels that, if not resolved, risk turning into long judicial proceedings.<\/p>\n<\/p>\n

Legal actions such as the action of reduction, the petition of inheritance and the contestation of the will represent fundamental instruments to ensure that the rights of all the subjects involved are respected. At the same time, the Italian regulatory context provides a series of bureaucratic and fiscal obligations that, if not adequately managed, can aggravate the difficulties of heirs.<\/p>\n<\/p>\n

In such a complex panorama, it is essential to rely on experienced professionals, capable of guiding the heirs through a process that requires not only legal competence, but also sensitivity and capacity for mediation, to protect not only the patrimony, but also family relationships. Boschetti Studio Legale, with its team of lawyers experienced in family law and international successions, constitutes a valid choice for those who are seeking a law firm to see their rights protected in the context of a succession.<\/p>\n<\/div>\n

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Brief introduction on the topic of inheritance succession and possible disputes<\/h2>\n<\/div>\n
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Inheritance succession is not only a technical or legal step, but a deeply human moment and often charged with emotions. In addition to the pain for the loss of a loved one, one finds oneself faced with a series of practical and legal questions that, if not addressed with attention, can transform into real sources of conflict.<\/p>\n<\/p>\n

Dividing the assets, managing the patrimony and addressing any debts are delicate steps, especially in the absence of a clear and detailed will. It is here that difficulties can emerge, making necessary a structured and professional approach.<\/p>\n<\/p>\n

A particularly complex aspect concerns the division of the patrimony. Real estate, for example, is often at the centre of disputes: while some heirs might want to sell a property to obtain liquidity, others might wish to preserve it for personal or affective reasons.<\/p>\n<\/p>\n

This kind of disagreement can also concern assets of particular emotional value, such as family jewellery or works of art, which, although economically important, carry deep meanings. In these cases, reaching a shared agreement among all the heirs becomes a difficult and risky undertaking, which can degenerate into long family quarrels or, worse, into legal disputes.<\/p>\n<\/p>\n

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  1. To further complicate the situation, there is the management of inheritance debts. Many do not consider that accepting an inheritance also means assuming the burden of any debts left by the deceased, such as mortgages, loans or tax arrears. The heirs, faced with this reality, often find themselves having to make important decisions, such as Simply accepting the inheritance, accepting it with the benefit of inventory to limit the risks or, in some extreme cases, renouncing it.<\/li>\n<\/ol>\n

    These choices require a precise and in-depth assessment of the overall economic situation, since a decision taken without the right advice could entail serious consequences for the personal patrimony of the inheritor.<\/p>\n<\/p>\n

    In parallel, the relationships among heirs may suffer strong tensions. In the absence of a detailed will, each can have different expectations and priorities, generating conflicts that risk cracking family relationships. There are situations in which an heir feels disadvantaged by the division provided for by law and advances requests that the others do not share. In other circumstances, the unclear management of bank accounts or assets by one of the heirs can fuel suspicions and distrust. These problems intensify further when the heirs reside in different Countries or the patrimony is distributed over multiple jurisdictions, creating an intertwining of regulations that makes it even more complicated to resolve the questions in short times.<\/p>\n<\/p>\n

    In addition to relational aspects, there are then the fiscal and bureaucratic obligations linked to the succession, which often represent a further obstacle for those who are not experienced in the matter. The declaration of succession, the payment of inheritance taxes and of cadastral or mortgage ones, and the transcription of the real estate in the cadastral registers are just some of the practices that must be addressed. Even small errors or delays in the management of these activities can have relevant economic consequences, transforming an already complex process into a real nightmare.<\/p>\n<\/p>\n

    All this makes evident how important it is to address inheritance succession with the support of experienced professionals, capable of guiding the heirs along an often complicated and delicate path.<\/p>\n<\/p>\n

    Boschetti Studio Legale, thanks to its deep competence in matters of family law and successions, offers complete and personalised assistance, also on the topic of actions to protect the inheritance. From support in the division of assets to the management of debts, from the resolution of disputes to the care of fiscal and bureaucratic aspects, our team is able to provide rapid, effective solutions respectful of the rights of all the heirs. With our guidance, even the most complex situations can be addressed with serenity, protecting not only the patrimony but also family relationships.<\/p>\n<\/div>\n

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    Difference between legitimate and testamentary succession<\/h2>\n<\/div>\n
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    Inheritance succession, a central topic in civil law, provides for two main modalities of regulation: legitimate and testamentary succession. Both regulate the passage of the deceased’s patrimony to the heirs, but they do so following different logics and with specific implications. To fully understand them, it is essential to analyse them separately, highlighting characteristics, peculiarities and differences.<\/p>\n<\/p>\n

    Legitimate succession<\/h3>\n

    Legitimate succession applies when the deceased has not prepared a will or when the testamentary provisions do not cover the entire patrimony. In these cases, the Italian Codice civile<\/strong> identifies the criteria for the distribution of the patrimony, defining with precision who has the right to inherit and in what proportions. This typology of succession is therefore entirely regulated by the law and aims to ensure a “standardised” distribution of the patrimony, based on the kinship ties with the deceased.<\/p>\n<\/p>\n

    The heirs identified by legitimate succession are defined as successibles<\/strong> and follow an order of priority: the spouse, the descendants (children and grandchildren), the ascendants (parents and grandparents), the brothers and sisters, and, in their absence, other relatives up to the sixth degree. If there are no relatives within this limit, the patrimony is devolved to the State. This mechanism protects the closest family relationships, ensuring that the patrimony remains, where possible, within the family circle.<\/p>\n<\/p>\n

    A distinctive element of legitimate succession is the rigidity of the rules that establish the shares pertaining to the heirs. For example, if the deceased leaves a spouse and two children, the patrimony is divided in such a way that the spouse receives one third of the total, while the two children divide the remaining two thirds in equal parts. These proportions are fixed by law and cannot be modified, except for different testamentary provisions, provided that they are compatible with the rights reserved to forced heirs.<\/p>\n<\/p>\n

    A practical example helps to better understand. Let us suppose that Paolo has died without leaving a will, leaving a patrimony of 300,000 euros. He is married and has a child. In this case, the spouse will receive 150,000 euros, that is half of the patrimony, while the other half will be assigned to the child. If instead Paolo had not had children, the spouse would have received two thirds of the patrimony, while the remaining third would have gone to Paolo’s parents, if still alive.<\/p>\n<\/p>\n

    This rigidity makes legitimate succession predictable and ensures that the patrimony is distributed proportionately among the heirs indicated by law. However, it does not take into account any wishes or specific situations of the deceased, limiting the possibility of personalising the transmission of one’s patrimony.<\/p>\n<\/p>\n

    Testamentary succession<\/h3>\n

    Testamentary succession, on the contrary, allows the deceased to exercise greater freedom in the destination of their patrimony. Through the will, drafted respecting the forms provided for by law, it is possible to designate one or more heirs, specify which assets to attribute to each and even exclude certain family members from the succession, within the limits permitted by regulation.<\/p>\n<\/p>\n

    This modality of succession allows the testator to adapt the distribution of the patrimony to their own wishes and to the specific needs of the beneficiaries. For example, a parent might decide to allocate their dwelling to one of the children who has more need of housing, reserving for the others assets of different value. Or they might leave a part of the patrimony to a person outside the family, such as a friend or a charitable association.<\/p>\n<\/p>\n

    However, this freedom is limited by law to protect the closest family members, defined as forced heirs<\/strong> (spouse, children and, in their absence, ascendants). To these subjects is guaranteed a share of the patrimony, called share of forced heirship<\/strong>, which cannot be reduced or excluded even through a will. This principle gives rise to the so-called necessary succession<\/strong>, which always applies in favour of forced heirs.<\/p>\n<\/p>\n

    For example, imagine that Maria, a widow with two children, drafts a will leaving all her patrimony to a charitable association. In this case, the children can exercise their right to forced heirship and obtain two thirds of the total patrimony, while only the remaining third can be devolved to the association indicated in the will.<\/p>\n<\/p>\n

    Another important aspect of testamentary succession concerns the available share<\/strong>, that is to say that part of the patrimony of which the testator can freely dispose. This represents the residual portion after the attribution of the share of forced heirship to the forced heirs and can be destined to anyone, including heirs outside the family nucleus.<\/p>\n<\/p>\n

    The main differences between the two successions<\/h3>\n

    The main difference between legitimate and testamentary succession lies in the modality of distribution of the patrimony: legitimate succession is automatic, regulated by law and follows rigid criteria based on family ties; testamentary succession, instead, allows greater flexibility and personalisation, while respecting the inalienable rights of forced heirs.<\/p>\n<\/p>\n

    Another distinctive element is the aspect of planning. Legitimate succession does not require any preventive action by the deceased, since it applies automatically. On the contrary, testamentary succession requires that the deceased prepare a valid will, drafted with the proper formalities and in compliance with the shares reserved to forced heirs.<\/p>\n<\/p>\n

    Legitimate succession ensures a predefined and impartial solution for the distribution of the patrimony, ideal in cases in which the deceased has not expressed particular wishes. Testamentary succession, instead, allows shaping the succession process according to personal wishes, provided that the rules to protect forced heirs are respected.<\/p>\n

    Knowing these rules allows addressing the succession with greater awareness, avoiding conflicts and ensuring that the patrimony is transmitted with respect for the law and the wishes of the deceased.<\/p>\n<\/div>\n

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    Action of reduction to protect the rights of forced heirs<\/h2>\n<\/div>\n
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    The action of reduction constitutes the specific instrument recognised to the forced heir to protect their rights to the share of forced heirship, guaranteed by law. Its function is to render ineffective, with respect to the forced heir themselves, the testamentary provisions or donations made by the de cuius that have harmed such inalienable share. This mechanism represents a fundamental guarantee of the succession system, balancing the freedom of disposition of the patrimony with the obligation to respect the rights of forced heirs.<\/p>\n<\/p>\n

    The action of reduction is clearly distinguished from the action of restitution.<\/p>\n<\/p>\n

    While the first is limited to rendering the harmful provisions unenforceable against the forced heir, the second has as its objective the concrete restitution of the assets object of the annulled provisions.<\/p>\n<\/p>\n

    The regulation provides that, in case of alienation to third parties of donated assets and where twenty years have not elapsed from the transcription of the donation, the forced heir, after having attempted to satisfy their right on the residual assets of the donee, can act against the purchasers to obtain the restitution of the assets themselves. However, such action is subordinated to precise conditions and modalities, as established by the codice civile<\/strong>. The distinction between the two actions is essential to understand the articulation of the legal system of protection of forced heirship.<\/p>\n<\/p>\n

    The action of reduction cannot be confused with other categories of legal instruments.<\/p>\n<\/p>\n

    It does not equate to an action of nullity, since it does not derive from an intrinsic defect of the contested deed.<\/p>\n<\/p>\n

    The validity of the harmful deeds is, indeed, a fundamental prerequisite for their contestation, and if the forced heir does not exercise the action or renounces it, the provisions remain fully valid.<\/p>\n<\/p>\n

    Similarly, the reduction does not fall under the category of rescission nor under that of resolution, since it does not directly affect the effectiveness of the deed, but is limited to depriving it of effects with respect to the forced heir.<\/p>\n<\/p>\n

    The action of reduction is therefore qualified as an action of constitutive ascertainment. Through it the existence of a harm to forced heirship is ascertained and the legal consequences that derive from it are determined, including the modification of the content of the right of the forced heir.<\/p>\n<\/p>\n

    Furthermore, the reduction is an action of relative and supervening ineffectiveness, since it affects only with respect to the forced heir and is based on circumstances that have occurred subsequently to the stipulation of the harmful deeds.<\/p>\n<\/p>\n

    The action of reduction is configured, then, as a personal action, directed exclusively against the subjects who have benefited from the harmful provisions, such as the donees or the heirs. It is also distinguished by its retroactive effects, which date back to the moment of the opening of the succession. This means that the harmful provisions are considered ineffective from the origin, with implications that may also involve any third parties having cause from the beneficiaries of the deeds.<\/p>\n<\/p>\n

    The legislator has established a rigorous order for the exercise of the action of reduction, which follows a criterion of priority aimed at ensuring the integrity of the share of forced heirship.<\/p>\n<\/p>\n

    First of all, one proceeds to the reduction of the legal shares attributed ab intestato. This step is necessary in cases in which, in the absence of a will, the succession opens in favour of non-forced heirs. The reduction of the legal shares allows the rights of forced heirs to be satisfied through a proportional reduction of the portions pertaining to the other heirs. Such principle finds application, for example, in cases of concurrence between ascendants and brothers of the deceased.<\/p>\n<\/p>\n

    Subsequently, one intervenes on the testamentary provisions. Should these exceed the available share, they are reduced to the extent necessary to integrate the share reserved to the forced heir.<\/p>\n<\/p>\n

    The regulation provides that the reduction be carried out proportionally, except where the testator has explicitly established a different priority among their provisions. Such derogation allows preserving some attributions, on condition that the value of the others is sufficient to ensure the rights of forced heirs.<\/p>\n<\/p>\n

    Finally, where the reduction of the legal shares and of the testamentary provisions is not sufficient, one proceeds to the reduction of donations. In this case, the regulation adopts a chronological criterion, reducing first the most recent donations and progressively going back to the previous ones, until ensuring respect for forced heirship. This order is justified by the principle of irrevocability of donations, which cannot be compromised by subsequent provisions of the de cuius.<\/p>\n<\/p>\n

    The exercise of the action of reduction is subordinated to two fundamental conditions: the existence of the right and its non-extinction.<\/p>\n<\/p>\n

    The action is extinguished mainly for two causes: prescription and renunciation.<\/p>\n<\/p>\n

    The prescription term is ordinarily fixed at ten years, but the running of the term varies depending on whether the harm derives from donations or from testamentary provisions. For donations, the term begins to run from the opening of the succession, while for testamentary provisions it runs from the publication of the will, the moment in which the forced heir can know the harmful provisions.<\/p>\n<\/p>\n

    The renunciation of the action, instead, is allowed only after the death of the de cuius, in conformity with the prohibition of inheritance pacts provided for by the codice civile<\/strong>. Such renunciation can be express or implicit, provided that it is unequivocal. Once carried out, it is irrevocable and determines the inviolability of the provisions already established by the deceased.<\/p>\n<\/p>\n

    The effects of the reduction vary according to the nature and extent of the harm suffered by the forced heir. In the case of total preterition, the action allows the forced heir to obtain their inheritance share, creating an inheritance community with the other co-heirs. In case of partial harm, the forced heir sees their inheritance share increased so as to fully satisfy their right of forced heirship. When, instead, the harm is caused by legacies or donations, the action affects the effectiveness of the deeds, rendering them partially or totally unenforceable against the forced heir and, in some cases, entailing the restitution of the assets.<\/p>\n<\/p>\n

    A distinctive trait of the action of reduction is its retroactive effectiveness.<\/p>\n

    The harmful deeds are considered ineffective not only with respect to the forced heir, but also with respect to third parties having cause from the beneficiaries. Such retroactivity provides for the restitution of the assets free from any charge or mortgage. However, retroactivity is subject to specific limits, aimed at balancing the rights of forced heirs with the needs of certainty and stability of legal relationships.<\/p>\n<\/div>\n

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    Petition of inheritance<\/h2>\n<\/div>\n
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    The inheritance petition represents one of the fundamental instruments in Italian inheritance law, providing the heir with an effective means to protect their rights against anyone who possesses inheritance assets, either claiming a title that does not pertain to them or in total absence of legal justification. Regulated by the codice civile<\/strong>, this action allows not only obtaining recognition of the quality of heir, but also recovering assets belonging to the inheritance estate, thus ensuring respect for regulatory provisions and for the wishes of the de cuius.<\/p>\n<\/p>\n

    The action of inheritance petition is characterised by the necessity of preliminarily ascertaining the inheritance quality of the subject who proposes it. This verification is essential and constitutes an integral part of the introductory application of the judgment.<\/p>\n<\/p>\n

    In fact, Boschetti Studio Legale will request for you expressly such ascertainment in the introductory deed, since it is on this prerequisite that the entire action is based. The peculiarity of the inheritance petition lies in the fact that it does not aim to discuss the title with which the de cuius held the assets, but has as its object the constitutive elements of the inheritance estate and the quality of heir of the actor. For this reason, the burden of proof concentrates on two fundamental aspects: demonstrating that the assets in question were part of the patrimony of the deceased at the moment of the opening of the succession and proving one’s quality of heir.<\/p>\n<\/p>\n

    The inheritance petition can be exercised against various categories of possessors: a distinction is made between the subject who claims an invalid inheritance title (possessio pro herede) and the one who possesses the assets without any legal justification (possessio pro possessore). Furthermore, the action can also be proposed against a third party who, although having no right on the assets, possesses them illegitimately.<\/p>\n<\/p>\n

    In this perspective, the inheritance petition is configured as a highly flexible instrument and applicable in a vast range of situations, provided that the actor manages to demonstrate their legitimation and the objective prerequisites of the action. The judge, in assessing the application, is not bound to the legal qualification provided by the party, but must base themselves on the facts set out and deduced in the introductory deed, however avoiding to pronounce beyond what is requested, in compliance with the principle of the prohibition of ultrapetition.<\/p>\n<\/p>\n

    The ownership of the inheritance petition pertains exclusively to those who have accepted the inheritance, either explicitly or implicitly, for example through the proposition of the action itself. This implies that the called party to the inheritance, by proposing the petition, assumes the quality of heir with all the legal implications that derive from it.<\/p>\n<\/p>\n

    On the front of passive legitimation, the inheritance petition can be proposed against anyone who possesses inheritance assets, whether claiming an invalid title or in total absence of title. In some cases, the passive legitimated party can also be a simple holder. It is also possible to exercise the action against a co-heir who contests the participation in the inheritance of the actor or limits their rights. This configuration broadens the scope of action of the inheritance petition, making it applicable in situations of conflict both with external subjects and within the inheritance community.<\/p>\n<\/p>\n

    The action of inheritance petition is imprescriptible. This means that the heir can propose such action at any time, without time limits. However, imprescriptibility does not preclude the application of usucaption. If the defendant has held the inheritance assets for a sufficient period to allow usucaption to mature, they can oppose this title to the heir, neutralising the petition limitedly to the usucapted assets. This limit ensures a balance between the protection of the heir and the necessity to safeguard the stability of legal relationships.<\/p>\n<\/p>\n

    From the point of view of competence, the action of inheritance petition is attributed to the Tribunale since it is a case of indeterminable value, as established by the Codice di procedura civile<\/strong>. The territorial competence is instead identified in the judge of the place of opening of the succession. This rule ensures homogeneous management of succession disputes, linking the competence to the territory in which the de cuius had the main centre of their interests.<\/p>\n<\/p>\n

    In summary, the inheritance petition represents a central institution in inheritance law, which allows the heir to effectively protect their rights, both in terms of recognition of the inheritance quality and of recovery of assets. Its articulated structure, which combines flexibility of use and rigorous probative requirements, makes it an indispensable instrument to ensure respect for succession provisions and for the principles sanctioned by law.<\/p>\n<\/div>\n

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    Contestation of the will<\/h2>\n<\/div>\n
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    The contestation of the will represents one of the most articulated and complex areas of inheritance law, regulated by rules that find space in various parts of the Codice civile<\/strong>.<\/p>\n<\/p>\n

    This regulatory fragmentation reflects the variety of cases in which the validity of a will can be questioned, from formal irregularities to harm to the rights of forced heirs, from defects of the will to cases of unlawful or non-existent provisions.<\/p>\n<\/p>\n

    The will is, in fact, a unilateral deed by which a person disposes of their assets for the time after death, taking various forms: holographic, public or secret. However, whatever the typology, it must respect requirements of form and substance established by law. Otherwise, the interested subjects can undertake actions aimed at declaring the annullability, nullity or reduction of the testamentary provisions.<\/p>\n<\/p>\n

    The regulation of annullability applies to less serious defects, such as those relating to the capacity of the testator or to the form of the will. According to the law, those who cannot dispose by will are minors of age, those interdicted for mental infirmity and those who, although not interdicted, were in a state of incapacity to understand and intend at the moment of drafting the deed. Even beneficiaries of administration of support can validly dispose by will, unless the decree of appointment provides otherwise. In these cases, the burden of proof of incapacity falls on those who intend to contest the will, who must act within five years from the execution of the testamentary provisions.<\/p>\n<\/p>\n

    Defects of the will, regulated by the Codice civile<\/strong>, include errors, violence and fraud. A will can be annulled if it is demonstrated that the testator was induced into error or forced with threats or deceit to dispose in a certain way. Also in this case, the term to act is five years from the moment in which the defect was discovered. It must be underlined that annullability can concern both the entire will and individual provisions.<\/p>\n<\/p>\n

    For holographic wills, the absence of autograph writing, signature or complete date can determine annullability. For public wills, irregularities such as the lack of presence of witnesses or the absence of subscription by the notary or by the testator can lead to annullability. Also in these cases, the term to act is five years.<\/p>\n<\/p>\n

    Nullity, instead, applies to more serious defects, which irreparably compromise the validity of the deed. Among these are the total absence of autograph writing or subscription in the holographic will and the lack of written drafting by the notary in the public will. Provisions contrary to law, such as inheritance pacts, joint or reciprocal wills and provisions left to the arbitration of third parties, are also void. Nullity, being imprescriptible, can be asserted at any time.<\/p>\n<\/p>\n

    A particular case is represented by the so-called “non-existence” of the will, elaborated by doctrine and case law to indicate defects so serious as not to allow even recognising the deed as a will. Examples are the nuncupative will, that is to say drafted orally, and the false will, which cannot be the object of validation.<\/p>\n<\/p>\n

    Another form of contestation concerns the action of reduction, which protects the rights of forced heirs, namely spouse, children and ascendants. This action is aimed at reintegrating the share of forced heirship, should the testamentary provisions or donations made during life by the deceased have harmed the reserved share.<\/p>\n<\/p>\n

    To act in reduction, the forced heir must previously accept the inheritance with benefit of inventory and, if beneficiary of a legacy in substitution of forced heirship, must renounce the legacy before undertaking the action.<\/p>\n<\/p>\n

    The term to exercise this action is ten years, with running that varies according to different case law interpretations, from the date of opening of the succession or from the acceptance of the inheritance.<\/p>\n<\/p>\n

    Finally, the entire contestation procedure is preceded by mandatory mediation, an indispensable preliminary step to attempt to resolve the dispute without resorting to the judge.<\/p>\n

    Contesting a will requires not only deep knowledge of the rules, but also the capacity to analyse in detail the specific circumstances of the case, in order to choose the most effective strategy. Relying on a professional experienced in inheritance law is therefore essential to address a complex path with the maximum protection of one’s rights.<\/p>\n<\/div>\n

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    Other actions to protect the inheritance, prescriptions and lapse<\/h2>\n<\/div>\n
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    Other actions to protect the inheritance can be fundamental to protect the rights of forced heirs, especially in cases in which there has been a harm to the share of forced heirship.<\/p>\n<\/p>\n

    The action of restitution is an essential instrument in this context, allowing the heirs to concretely recover the assets that have been transferred in violation of their rights. It is a remedy that intervenes after the victorious experiment of the action of reduction, necessary to ascertain the harm to forced heirship and declare the ineffectiveness, within the limits of such share, of the testamentary provisions or harmful donations.<\/p>\n<\/p>\n

    The action of restitution allows obtaining the real transfer of the assets pertaining to the harmed forced heir. It can be exercised not only against donees or beneficiaries of harmful testamentary provisions, but also against third party purchasers who have purchased the assets from the donee.<\/p>\n<\/p>\n

    To act against third parties it is however necessary to satisfy some specific conditions: in addition to the victorious experiment of the action of reduction, the action must be exercised within twenty years from the transcription of the donation, and it is necessary to demonstrate the patrimonial inadequacy of the donee. If these prerequisites are satisfied, the third party can choose whether to return the asset in nature and subsequently take action against their alienator, or pay the forced heir the economic equivalent of the asset.<\/p>\n<\/p>\n

    A relevant aspect of the action of restitution is the so-called purgative effect, according to which the assets object of restitution must be transferred free from charges or mortgages. This principle, however, is subject to limitations to protect the rights of third parties. If the transcription of the request for reduction takes place beyond ten years from the opening of the succession, the rights acquired by third parties by virtue of onerous deeds prior to the transcription remain intact. Furthermore, after twenty years from the transcription of the donation, the charges on the assets remain effective, and the harmed forced heir will only have a credit right equal to the lower value of the returned assets.<\/p>\n<\/p>\n

    The renunciation of the action of restitution does not equate to the renunciation of the action of reduction, since the two legal instruments have different prerequisites and purposes. The renunciation of the action of reduction, which can only be carried out after the death of the donor, automatically implies the renunciation of every other subsequent action, including that of restitution. On the contrary, the forced heir can decide to renounce the action of restitution against third parties, without prejudice to the right to act in reduction against the donee. Furthermore, the renunciation of the opposition to the donation represents a solution used to provide greater security to the purchasers of assets coming from donations. Although it suspends the term to propose the action of restitution, it does not eliminate the rightful heir\u2019s right to exercise such action within the temporal limits provided for by law.<\/p>\n<\/p>\n

    Another important aspect is the distinction between the action of restitution and the action of revindication, which differ markedly for purposes and legal nature. The action of restitution aims to obtain the transfer of assets withdrawn from the share of forced heirship through deeds of the de cuius, while the action of revindication concentrates on the release of assets held without title, even in the absence of an original transfer by the deceased.<\/p>\n<\/p>\n

    Addressing these disputes requires deep knowledge of inheritance law and its practical implications. At our international law firm, we are committed to offering complete and personalised assistance, supporting our clients in all phases of the process. We are able to manage even the most complex situations, including those that involve assets or subjects in different jurisdictions, ensuring a competent and results-oriented approach. If you need support to protect your inheritance rights or to resolve questions linked to the succession, contact us today for personalised advice.<\/p>\n<\/p>\n

    These instruments of protection are further enriched by the actio interrogatoria, an institution particularly useful for heirs in case there are uncertainties or ambiguities regarding the acceptance or renunciation of the inheritance by other called parties. The actio interrogatoria allows an interested subject to formally solicit the called party to the inheritance to declare whether they intend to accept or renounce. This instrument plays a crucial importance in many situations, since it avoids that the uncertainty linked to the lack of position of the called party can hinder or delay the management of the inheritance patrimony.<\/p>\n<\/p>\n

    The actio interrogatoria can be exercised by anyone who has an interest, and represents a means to unblock situations of succession stalemate. Once promoted, the called party is placed before the necessity of making a choice within the term fixed by the judge. In the absence of a response within the indicated terms, the called party loses the right to accept the inheritance, which is thus considered renounced.<\/p>\n<\/p>\n

    This procedure is particularly useful in complex succession contexts, for example when there are assets abroad, multiple called parties residing in different jurisdictions or when the called party to the inheritance is a legal subject, such as a foundation or a charitable entity.<\/p>\n<\/p>\n

    The importance of the actio interrogatoria lies in its resolutive character, since it allows defining with certainty the legal position of the called parties, facilitating the subsequent distribution of the inheritance patrimony and preventing potential conflicts among heirs or with third parties.<\/p>\n<\/p>\n

    It is therefore an instrument of protection that strengthens the stability and certainty of legal relationships in the succession scope, ensuring an orderly conduct of inheritance operations.<\/p>\n

    Also for the management of an actio interrogatoria, Boschetti Studio Legale can offer you maximum assistance, guiding you with competence and professionalism in every phase of the proceeding, to ensure that your rights are fully protected.<\/p>\n<\/div>\n

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    Legal advice for actions to protect the inheritance<\/h2>\n

    How can we help you?<\/p>\n

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    Our firm offers specialised and complete assistance for all questions relating to the management of inheritances and successions, with an approach that places at the centre the people and their specific needs. From succession planning to the resolution of disputes, we are at your side to ensure effective and personalised solutions.<\/p>\n<\/p>\n

    Before the death of the de cuius, we support you in the drafting of clear wills compliant with regulation, in the analysis of donations and legacies, and in the preparation of legal instruments to prevent future conflicts.<\/p>\n<\/p>\n

    After death, we offer assistance in every phase of inheritance litigation: from the contestation of invalid wills to the protection of the rights of heirs and forced heirs through actions of reduction for harm to forced heirship. We also deal with patrimonial division and protection of creditors in the context of the succession.<\/p>\n<\/p>\n

    If you are seeking a law firm to manage your inheritance situation, and an experienced lawyer who knows how to offer you more than a simple technical advice, we are here for you. Our objective is not only to resolve legal problems, but also to offer you real support, accompanying you with professionalism and attention along an often delicate path. Whatever your geographical position, in Italy or abroad, we ensure you personalised assistance, working together to identify the best solution to protect your rights and your patrimony.<\/p>\n

    Thanks to the consolidated experience in inheritance law, we adopt a proactive and strategic approach, which combines legal competence, human sensitivity and concrete results. Rely on our lawyer to address with serenity and security all the possible actions to protect the inheritance.<\/p>\n<\/div>\n

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

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    \n

    How much does it cost to do acceptance with benefit of inventory?<\/h3>\n
    \n\n

    The cost for acceptance with benefit of inventory varies based on various factors, such as notarial rates, the expenses for the drafting of the inventory and the legal assistance of a lawyer experienced in inheritance law. These costs can also increase and personalise based on the complexity of the case.<\/p>\n\n<\/div>\n<\/div>\n

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    What must one do to accept the inheritance with benefit of inventory?<\/h3>\n
    \n\n

    To accept with benefit of inventory it is necessary to submit a formal declaration before a notary or the competent Tribunale. Subsequently, it will be necessary to draft the deed of inventory of the assets of the deceased. All these obligations must be done within the terms established by law, usually three months from the entry into possession of the inheritance assets, or ten years from the opening of the succession.<\/p>\n\n<\/div>\n<\/div>\n

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    How long does it take to have the inventory for the inheritance?<\/h3>\n
    \n\n

    The time necessary to draft an inventory can vary depending on the complexity of the patrimony that will be its object, and on the availability of the professionals appointed to it. Generally it can require from a few weeks to a few months. Factors such as the quantity of assets, the presence of assets abroad or the cooperation of heirs can influence the times.<\/p>\n\n<\/div>\n<\/div>\n

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    How long does it take to accept with benefit of inventory?<\/h3>\n
    \n\n

    Acceptance with benefit of inventory generally requires a few weeks, considering the preparation of the necessary documentation, including the declaration of beneficiated acceptance and the drafting of the inventory itself.
    \nHowever, the process can vary depending on the complexity of the inheritance and on the timings of the competent Tribunale or of the notary involved. In any case, it must be completed within three months if the heir is already in possession of the assets, or within ten years from the opening of the succession.<\/p>\n\n<\/div>\n<\/div>\n

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    Who can accept the inheritance with benefit of inventory?<\/h3>\n
    \n\n

    All heirs can accept the inheritance with benefit of inventory, including adults, minors and incapable persons, foreign citizens.
    \nFor minors and incapable persons, acceptance with benefit of inventory is mandatory and requires the prior authorisation of the supervisory judge. Even a foreign citizen, residing in Italy, or abroad, can benefit from this protection ex lege, to avoid inheriting any debts of the deceased.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div><\/div>\n

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    Potrebbe interessarti anche<\/div>\n<\/div>\n


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    Actions to protect the inheritance in Italy Actions to protect the inheritance serve to defend the rights of heirs against acts that compromise the inheritance patrimony. Italian regulation offers instruments to prevent fraud or violations. Adequate legal advice facilitates the application of these measures. The management of the inheritance represents a particularly intricate legal and […]<\/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-2439","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2439","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=2439"}],"version-history":[{"count":2,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2439\/revisions"}],"predecessor-version":[{"id":2441,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2439\/revisions\/2441"}],"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=2439"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}