Successory Agreements: Validity and Limits in Italian Law

Successory agreements are contracts concerning a person's future succession, made before their death. However, in Italian law, such agreements are generally prohibited. At Studio Legale Bianucci in Milan, we offer specialized advice to assess their legality and possible alternatives in succession matters.

The prohibition of successory agreements aims to preserve the testator's testamentary freedom and ensure fairness in succession dispositions. However, there are exceptions and alternative instruments that can be used to plan the transfer of assets lawfully and in compliance with the law.

Successory agreements are prohibited by law, but alternative instruments exist to plan the future of one's property dispositions.

Types of Successory Agreements

Italian law distinguishes three main types of successory agreements, all generally invalid:

• Constitutive successory agreements: Agreements by which a person names, during their lifetime, an heir or legatee for the period after their death;
• Dispositive successory agreements: Agreements by which a person disposes, during their lifetime, of rights over assets that will form part of their inheritance;
• Renunciative successory agreements: Agreements by which an heir waives their succession rights in advance.

Exceptions to the Prohibition of Successory Agreements

Although successory agreements are prohibited, there are particular situations where similar agreements are permitted, including:

• Family agreements: Agreements that allow the advance transfer of a business or company shares to one or more descendants, respecting the forced heirship shares;
• Donations: Instruments that allow for the advance distribution of assets, provided they do not infringe upon forced heirship shares;
• Life insurance contracts: These can be used to designate specific beneficiaries in case of death.

Consequences of Violation

Successory agreements entered into in violation of the law are null and void. Consequences may include:

• Invalidity of the agreement: The agreement produces no legal effect, rendering the provisions contained therein ineffective;
• Disputes among heirs: The nullity of the agreement can generate conflicts among legitimate heirs;
• Court intervention: To resolve disputes, it may be necessary to go to court.

Our Legal Support

Studio Legale Bianucci offers comprehensive assistance for succession planning and managing disputes related to successory agreements, ensuring:

• Advice on the validity of property and succession agreements;
• Assistance in drafting family agreements and other lawful planning instruments;
• Legal representation in succession disputes;
• Personalized solutions for protecting family assets.

Thanks to our experience, we support clients in managing successions with expertise and compliance with regulations, ensuring effective and lawful solutions.

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