Facing the loss of a loved one is always a painful time, but the situation becomes particularly complex when doubts or needs related to filiation and, consequently, to inheritance rights emerge. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci deeply understands the delicacy of these circumstances, where the search for biological truth intertwines with patrimonial and emotional issues of great importance. The request for paternity assessment post-mortem is not just a technical procedure, but a legal journey that aims to re-establish an identity and guarantee the legitimate inheritance rights that the law recognizes for natural children.

The Regulatory Framework and DNA Testing in Litigation

The Italian legal system, through Article 269 of the Civil Code, allows for judicial declaration of natural paternity and maternity. This means that, in the absence of spontaneous recognition, it is possible to turn to the Court to obtain a judgment establishing the status of a child. When the presumed parent is deceased, the action must be brought against the heirs. The key evidence in these proceedings is genetic investigation, i.e., DNA testing. Modern science allows for almost absolute certainty, making this tool indispensable in courtrooms. However, when the presumed father is no longer alive, obtaining the biological material necessary for comparison requires specific and rigorous procedures, which may include the analysis of preserved biological samples or, in more complex cases, the exhumation of the body. It is crucial to emphasize that the judge, while having broad discretion in admitting evidence, requires sufficient clues to justify an invasive intervention such as exhumation.

The Bianucci Law Firm's Approach to Post-Mortem Assessment

The approach of Avv. Marco Bianucci, an expert lawyer in family law and inheritance, is distinguished by the meticulousness and sensitivity with which each individual case is handled. At the firm located at Via Alberto da Giussano 26 in Milan, the defense strategy is developed starting from an in-depth preliminary analysis. We never proceed blindly: before initiating legal action involving post-mortem assessment, the firm carefully evaluates the presence of documentary or testimonial evidence that can support the request for genetic investigation. Avv. Marco Bianucci collaborates with expert technical consultants and high-profile forensic geneticists to ensure that any expert operations, if ordered by the judge, are carried out in full compliance with scientific protocols and the dignity of the deceased. The goal is to protect the client not only in terms of the biological outcome but also in the subsequent and consequent phase of claiming inheritance, ensuring that the recognition of the child's status translates concretely into the acquisition of the rightful inheritance share.

Frequently Asked Questions

Is it always possible to request a DNA test if the presumed father is deceased?

Yes, Italian law allows for the initiation of an action for judicial declaration of paternity even after the parent's death. If biological samples taken during life are not available (such as hospital histological slides), the judge may order the exhumation of the body to collect bone or dental tissues necessary for DNA extraction. However, such a measure is only ordered if deemed essential and if there are elements that make the claim plausible.

What are the time limits for initiating a recognition action?

For the child, the action for judicial declaration of paternity is imprescriptible: it can be exercised at any time during life, without time limits. The situation is different for the child's heirs, who have specific and restricted deadlines to continue or initiate the action if the child dies before starting it. An expert lawyer in inheritance will be able to assess the timeliness of the action in your specific case.

What happens to the inheritance if the DNA test confirms paternity?

Once a judgment declaring paternity is obtained, the natural child acquires the same legal status as legitimate children (born within marriage). This includes the right to participate in the inheritance of the deceased parent. If the inheritance has already been divided among other heirs, the new heir has the right to take action with a claim for inheritance to obtain the return of the portion of assets due to him, recalculating the compulsory shares.

Is it possible to use the DNA of other relatives instead of exhuming the body?

Yes, in some cases, it is possible to reconstruct the deceased's genetic profile by analyzing the DNA of the closest relatives (e.g., other confirmed children of the deceased, siblings, or parents of the deceased), if they are willing to undergo sample collection. This method, known as indirect investigation, is less invasive than exhumation and is often pursued as a first option, although its statistical validity must be carefully evaluated by the technical consultant.

Request an Assessment of Your Case in Milan

Issues related to filiation and inheritance rights require impeccable and timely legal management. If you believe you are entitled to paternity recognition or if you are involved in an inheritance dispute that requires genetic testing, it is essential to rely on a competent professional. Avv. Marco Bianucci is available to examine your situation with the utmost confidentiality at the Milan office. Contact the firm to schedule an initial consultation and outline the most suitable path for the protection of your rights.