Tacit Acceptance of Inheritance: Commentary on Judgment No. 11389 of 2024

Judgment No. 11389 of April 29, 2024, issued by the Court of Cassation, offers important clarifications regarding the tacit acceptance of inheritance. This topic is of considerable relevance in the management of successions, as those called to inherit often find themselves having to decide whether or not to accept the assets left by the deceased. The Court, with rapporteur G. Fortunato, has delved into the necessary conditions for tacit acceptance to be considered valid, outlining the limits and peculiarities of this institution.

Conditions for Tacit Acceptance of Inheritance

According to the maxim expressed in the judgment,

Tacit acceptance of inheritance - Conditions - Fulfillment of a legacy with the heir's own money or that of a third party - Irrelevance - Basis. For tacit acceptance of inheritance to occur, it is not enough for an act to be performed by the heir with the implicit intention of accepting, but it is necessary that it be an act that they would not have the right to perform, except in the capacity of heir, so that the execution of a legacy by the heir, with their own money or that of a third party, is irrelevant, because, like hereditary debts, legacies can also be fulfilled directly by third parties, without any exercise of succession rights.

This maxim clarifies that for tacit acceptance to be considered, the act must be of such a nature that it could not be performed except in the capacity of an heir. Consequently, if a person called to inherit fulfills a legacy using their own money or that of a third party, this does not constitute tacit acceptance of the inheritance in itself. This distinction is fundamental to avoid misunderstandings in the field of successions.

The Importance of the Judgment in Succession Jurisprudence

The decision of the Court of Cassation is part of an already consolidated jurisprudential framework, where the issue of tacit acceptance has often been discussed. It is useful to recall that Italian law, particularly the Civil Code, in Articles 460 and 476, regulates the modalities of accepting an inheritance in detail. In particular, Article 664 establishes that acceptance can occur in an express or tacit form, but with specific conditions to be met.

• The intention to accept must be unequivocal.
• The act must be of such a nature that it cannot be performed without being an heir.
• The distinction between the fulfillment of legacies and tacit acceptance is crucial.

Judgment No. 11389 of 2024, therefore, not only clarifies the conditions for tacit acceptance but also contributes to strengthening the jurisprudential interpretation in this matter, avoiding confusion and conflicts in future successions.

Conclusions

In conclusion, Judgment No. 11389 of 2024 represents an important milestone in Italian succession law. It clarifies that tacit acceptance of inheritance cannot be inferred from acts performed with one's own assets or those of third parties, but must derive from acts that only an heir would have the right to perform. This principle is essential to ensure the correct management of successions and to protect the rights of all heirs involved. Jurisprudence continues to evolve, and decisions like the one analyzed today are fundamental for clarity and certainty of law in the field of successions.