{"id":2623,"date":"2025-06-23T10:30:11","date_gmt":"2025-06-23T08:30:11","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?p=2623"},"modified":"2026-07-10T10:55:48","modified_gmt":"2026-07-10T08:55:48","slug":"reserved-shares-what-is-really-due-to-heirs-by-law","status":"publish","type":"post","link":"https:\/\/www.familylawboschetti.com\/en\/blog\/reserved-shares-what-is-really-due-to-heirs-by-law\/","title":{"rendered":"Reserved shares: what is really due to heirs \u201cby law\u201d"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">When one receives or expects an inheritance, it is normal to wonder <strong>what is due to heirs by law<\/strong>, especially if there is a <strong><a href=\"https:\/\/www.familylawboschetti.com\/en\/will\/\" data-type=\"page\" data-id=\"2352\">will<\/a><\/strong> that seems to exclude some family members or favour a single beneficiary. In such cases a fundamental concept of Italian inheritance law comes into play: the <strong>reserved share<\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The reserved share protects a restricted circle of family members, called <strong><a href=\"https:\/\/www.familylawboschetti.com\/en\/blog\/intestate-heir-and-legitimate-heir-what-is-the-real-difference\/\">legitimate heirs<\/a><\/strong>, guaranteeing them a part of the inheritance even against the wishes expressed in the will. Understanding how it works and <strong>how the reserved share is calculated<\/strong> is essential to find one&#8217;s way, especially when assessing the opportunity of challenging a will.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Reserved shares and legitimate heirs: who is entitled to the inheritance protected by law<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong><a href=\"https:\/\/www.familylawboschetti.com\/en\/succession\/legitimate-succession\/\" data-type=\"page\" data-id=\"2493\">Intestate succession<\/a><\/strong> applies in the absence of a will, or when the latter does not entirely cover the inheritance. However, even when there is a will, Italian law protects the so-called <strong>legitimate heirs<\/strong>, that is:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the spouse<\/li>\n\n\n\n<li>the children (natural, legitimate or adopted)<\/li>\n\n\n\n<li>in the absence of children, the ascendants (parents)<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">These subjects cannot be entirely excluded from the deceased&#8217;s estate. The <strong>reserved share<\/strong> is that part of the inheritance that is due to them \u201cby force of law\u201d, even if the will provides otherwise. The other part of the estate, called \u201cdisposable share\u201d, can be left freely to anyone.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Some examples of reserved shares:<\/h3>\n\n\n\n<ul class=\"wp-block-list\">\n<li>If the deceased leaves only one child: the reserved share is equal to half of the estate.<\/li>\n\n\n\n<li>If there are two or more children: they must collectively receive two thirds.<\/li>\n\n\n\n<li>If they leave a spouse and one child: one third goes to the spouse, one third to the child and one third remains disposable.<\/li>\n\n\n\n<li>If there are only spouse and parents: the spouse is entitled to half, the parents to a quarter.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">These percentages indicate <strong>the rights of legitimate heirs<\/strong>, who can take action to obtain what is due if they are impaired in their reserved share.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How the reserved share is calculated in the succession<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The calculation of the reserved share requires careful analysis of the deceased&#8217;s estate. One starts from the overall value of the inheritance, to which any donations made during life are added, in order to have a real estimate of the estate. From there, the <strong>shares due to legitimate heirs<\/strong> are identified, on the basis of the family composition.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It is important not to confuse <strong>intestate succession<\/strong> with the succession that provides for the <strong><a href=\"https:\/\/www.familylawboschetti.com\/en\/will\/reintegration-of-the-share-of-forced-heirship\/\" data-type=\"page\" data-id=\"2355\">reserved share<\/a><\/strong>. In the first there is no will; in the second, the will exists, but it must in any event respect the <strong>rights of legitimate heirs<\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The comparison between the content of the will and the legal shares makes it possible to establish whether the legitimate heirs have been damaged. In such case, they can take legal action to request the reinstatement of the reserved share through an <em>azione di riduzione<\/em>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Will and reserved shares: when it is possible to challenge<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A will that impairs the <strong>reserved share<\/strong> is not automatically void, but it can be contested. The <strong>legitimate heirs<\/strong> have the right to challenge the will to obtain the part that the law reserves for them.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, it is essential to verify:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the value of the estate<\/li>\n\n\n\n<li>the extent of the donations made during life<\/li>\n\n\n\n<li>any testamentary dispositions that reduce the shares established by law<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Often, those who receive an inheritance or are excluded from a will do not know with certainty whether their <strong>reserved shares<\/strong> have been respected. Qualified advice can help to bring clarity before undertaking legal actions.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Frequently asked questions on the reserved share<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Who can <a href=\"https:\/\/www.familylawboschetti.com\/en\/will\/contestation-of-the-will\/\" data-type=\"page\" data-id=\"2374\">challenge a will <\/a>for impairment of the reserved share? <\/strong>Only the <strong>legitimate heirs<\/strong>: spouse, children and, in their absence, the parents.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Is a notary needed to enforce one&#8217;s rights as a legitimate heir? <\/strong>No, but it is strongly recommended to rely on a lawyer experienced in <strong><a href=\"https:\/\/www.familylawboschetti.com\/en\/succession\/\" data-type=\"page\" data-id=\"2452\">succession<\/a><\/strong> and <strong>inheritance rights<\/strong> to avoid mistakes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Do donations made during life by the deceased count in the calculation of the reserved share? <\/strong>Yes, because they can reduce the value of the disposable inheritance and therefore affect the rights of the legitimate heirs. Understanding <strong>what is due to heirs<\/strong>, what the <strong>reserved shares<\/strong> are and when the <strong>will<\/strong> can be challenged is an essential step to safeguard one&#8217;s rights in succession matters.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In uncertain or delicate situations, discussing matters with a professional can offer the clarity needed to decide how to act. Studio Legale Internazionale Boschetti has always stood alongside those facing questions related to <strong>succession<\/strong> and inheritance, with a discreet, solid approach attentive to every detail.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When one receives or expects an inheritance, it is normal to wonder what is due to heirs by law, especially if there is a will that seems to exclude some family members or favour a single beneficiary. In such cases a fundamental concept of Italian inheritance law comes into play: the reserved share. The reserved [&hellip;]<\/p>\n","protected":false},"author":11,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[20],"tags":[],"class_list":["post-2623","post","type-post","status-publish","format-standard","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/comments?post=2623"}],"version-history":[{"count":2,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2623\/revisions"}],"predecessor-version":[{"id":2710,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/posts\/2623\/revisions\/2710"}],"wp:attachment":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/media?parent=2623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/categories?post=2623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/tags?post=2623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}