{"id":2465,"date":"2024-10-22T07:59:04","date_gmt":"2024-10-22T05:59:04","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2465"},"modified":"2026-07-08T17:26:50","modified_gmt":"2026-07-08T15:26:50","slug":"inheritance-retraction","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/succession\/inheritance-retraction\/","title":{"rendered":"Inheritance retraction"},"content":{"rendered":"

Inheritance retraction in Italy<\/h1>\n
Inheritance retraction allows exercising a right of pre-emption on inherited assets sold to third parties. It is a useful instrument to preserve the family patrimony. Foreigners in Italy can use it following the provisions of Italian law.<\/div>\n
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Inheritance pre-emption is a right recognised to co-heirs when one of them wishes to sell their share of inheritance or a part of it. In this case, the co-heir who exercises the pre-emption right has the possibility of purchasing the share of the seller under the same conditions offered to third parties.<\/p>\n<\/p>\n

This mechanism serves to ensure that inherited assets remain within the family, preventing strangers from entering the inheritance community.<\/p>\n<\/p>\n

Consequently, the co-heir who intends to alienate their share is obliged to communicate their intention to the other co-heirs, specifying the terms and conditions of the operation through a formal contractual proposal.<\/p>\n<\/p>\n

In this context, Boschetti Studio Legale can offer clear and strategic assistance, helping the client to understand their rights and to exercise the pre-emption in a timely and effective manner. For example, the firm can ensure that the communication of the intention to sell the inheritance share is managed in compliance with the law, even where it concerns inheritance retraction for foreigners, avoiding future disputes.<\/p>\n<\/p>\n

It must also be clarified that the pre-emption right attributes to co-heirs a legal pre-emption on the inheritance share, not on individual assets. Such right exists until the moment in which an inheritance division is not perfected. This means that, once the division has taken place, the co-heirs assigned the rights attributed with the division will not be entitled to a pre-emption right in case of sale of the assets or rights themselves.<\/p>\n<\/div>\n

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How inheritance retraction works: the prerequisites<\/h2>\n<\/div>\n
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For inheritance pre-emption to apply, some fundamental prerequisites must exist. First of all, an inheritance community must exist, which implies the presence of multiple heirs.<\/p>\n<\/p>\n

As already anticipated, pre-emption does not operate if the division of inherited assets has already taken place, since once the assets are assigned in exclusive ownership or in community, the inheritance community ceases to exist. Even if the division has been ordered by the testator, the rule does not apply, because in such case the community is not formed.<\/p>\n<\/p>\n

Another requirement is that the transfer of the share takes place for consideration, that is to say in exchange for payment or other type of fungible consideration. It is not applicable, for example, in case of donation. The sale must concern the inheritance share or a part of it and must be destined to a third party extraneous to the community, thus excluding transfers between co-heirs.<\/p>\n<\/p>\n

The main function of this right is to keep the inheritance community as much as possible within the family circle, avoiding the entry of extraneous persons. This is important to preserve the integrity of inherited assets, prevent excessive fragmentation and reduce potential conflicts between co-heirs. Keeping the assets within the family also facilitates future division operations and the optimal economic management of the patrimony.<\/p>\n

If one finds oneself in this situation, Boschetti Studio Legale can help the interested co-heirs to block the transfer to third parties, protecting the pre-emption rights. The firm can also intervene to correctly interpret the regulation in force and, in case of unlawful transfer of the share to third parties, assist in recovering the part sold through the right of redemption.<\/p>\n<\/div>\n

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Inheritance retraction: when it applies<\/h2>\n<\/div>\n
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The Codice civile regulates the inheritance pre-emption applicable in case of sale of an inheritance share. Normally, the inheritance patrimony consists of a multiplicity of assets, therefore the transfer of a single part of an asset does not directly fall within the scope of application of the pre-emption, unless that asset in fact represents the entire patrimony or if the parties intend to consider the sale as a transfer of the entire inheritance share.<\/p>\n<\/p>\n

A particular situation occurs when a co-heir married under the legal community regime intends to purchase an inheritance share. In this case, pre-emption does not apply, since the spouse enters into community by law. The transfer of bare ownership is also subject to pre-emption, because the rule refers to the inheritance share in general.<\/p>\n

In case of sale with right of repurchase, pre-emption does not apply, since the exercise of the right of repurchase precludes the activation of the pre-emption. The same applies to sales with reservation of ownership: the pre-emption is triggered only with the definitive transfer of ownership, which takes place with the payment of the last instalment of the price.<\/p>\n<\/div>\n

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Modalities of exercise of the pre-emption<\/h2>\n<\/div>\n
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The co-heir who intends to sell their inheritance share must send to the other co-heirs a true contractual proposal, not a simple communication of intent. In it, all the conditions of the sale must be specified, and the co-heirs have two months from the last notification to exercise the pre-emption right.<\/p>\n<\/p>\n

The aid of a lawyer to draft this proposal in an exhaustive, complete and law-compliant manner.<\/p>\n<\/p>\n

If the pre-emption is not exercised within the aforementioned limitation period of inheritance retraction, the seller is free to transfer their share under the conditions established. However, if the sale does not conclude with a stranger, the pre-emption right is not extinguished.<\/p>\n

In this phase, the assistance of Boschetti Studio Legale is crucial to correctly draft the contractual proposal and ensure that the terms are legally binding. The firm can follow the process step by step, from the drafting of the proposal to the management of the responses of the other co-heirs, ensuring that all legal fulfilments are respected.<\/p>\n<\/div>\n

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Consequences of violation of the pre-emption right<\/h2>\n<\/div>\n
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If the co-heir sells their share without respecting the pre-emption right, the sale is not annulled, but the other co-heirs can exercise the right of redemption. This right allows redeeming the share sold from the purchaser or from subsequent purchasers under the same conditions provided in the deed of sale.<\/p>\n<\/p>\n

It must in fact be specified that inheritance retraction is a complex case, which comprises two distinct phases:<\/p>\n