Commentary on Judgment No. 8942 of 2024: Inheritance and Reclaimable Assets

The recent order of the Court of Cassation No. 8942 of April 4, 2024, offers important clarifications on the subject of inheritance claims and assets reclaimable by heirs. The central issue concerns the distinction between assets that were part of the estate at the time of the succession's opening and those that, instead, had already been removed from the deceased's estate.

Context of the Judgment

In this case, the Court confirmed the decision of the Court of Appeal of Ancona, which had already established that only assets in which the heir succeeded mortis causa can be reclaimed. Therefore, if an asset was transferred or withdrawn before the succession opened, it does not fall within the estate and cannot be the subject of a claim.

The Ruling's Headnote

INHERITANCE (CONCEPT, DISTINCTIONS) - IN GENERAL Inheritance claim - Reclaimable assets - Assets already removed from the estate at the time of the succession's opening - Exclusion - Basis - Factual case. With an inheritance claim, only assets in which the heir succeeded mortis causa to the deceased can be reclaimed, not those that, at the time of the succession's opening, have already been removed from the deceased's estate and therefore cannot be considered inherited assets. (In this specific case, the S.C. confirmed the lower court's judgment which had distinguished sums present in a current account and withdrawn after the deceased's death, from those present in a securities deposit account and withdrawn before death, recognizing the action's applicability only in the former case).

Practical Implications of the Judgment

This judgment has several practical implications for heirs:

• Clarity on reclaimable assets: The Court has established that only assets existing at the time of the deceased's death and not already transferred can be reclaimed.
• Prevention of litigation: A clear distinction between inherited assets and non-inherited assets can prevent conflicts among heirs.
• Relevance of timing: It is crucial to consider the timing of withdrawals and testamentary dispositions to establish the legitimacy of inheritance claims.

Conclusions

In summary, judgment No. 8942 of 2024 provides clear guidance on what can be reclaimed through an inheritance claim, emphasizing the importance of distinguishing between inherited assets and assets already removed from the deceased's estate. This clarity is fundamental for heirs, who must be aware of their rights and duties in the event of a succession.