Discovering that a parent's or family member's estate has been depleted by lifetime gifts, leaving heirs with a negligible or non-existent share, is a situation that generates profound distress and a sense of injustice. As an expert in succession law, Avv. Marco Bianucci understands the delicacy of these family dynamics and the need to intervene firmly to restore the legal patrimonial balance. When gifts made during the deceased's lifetime encroach upon the legally reserved share for closest relatives (spouse, children, and ascendants in the absence of children), the legal system offers a powerful tool: the action for reduction.

The Regulatory Framework: What is the Action for Reduction

Italian law rigorously protects so-called forced heirs, guaranteeing them an inviolable portion of the deceased's estate, defined as the legitimate share. If the testator has disposed of their assets (through a will or lifetime gifts) beyond the so-called disposable portion, infringing upon the rights of forced heirs, the latter can take legal action. The action for reduction aims to declare testamentary dispositions and gifts that exceed the portion the deceased could freely dispose of as ineffective, thereby restoring the infringed legitimate share. It is crucial to understand that to calculate the actual infringement, a fictional aggregation must be performed, an accounting operation that sums the value of assets remaining at death (relictum) with the value of assets gifted during life (donatum), after deducting debts.

The Bianucci Law Firm's Approach in Milan

Handling an inheritance case requires technical expertise and strategic sensitivity. The approach of Avv. Marco Bianucci, an expert in succession law in Milan, always begins with a meticulous preliminary analysis of the estate. Before initiating any litigation, the Bianucci Law Firm examines all donation deeds and testamentary dispositions in detail to precisely quantify the extent of the infringement of the legitimate share. The firm's strategy prioritizes, where possible, seeking out-of-court settlements that allow for the recovery of the due share in a timely manner, avoiding court delays. However, if the opposing party is not cooperative, Avv. Marco Bianucci is prepared to defend the client's rights in court with the utmost determination, drawing on consolidated experience in the Milan Tribunals.

Frequently Asked Questions

Within what timeframe can the action for reduction be exercised?

The action for reduction is subject to the ordinary ten-year statute of limitations. For testamentary dispositions, the period begins from the date of acceptance of the inheritance by the beneficiary of the infringing disposition. For gifts, jurisprudence has clarified that the period begins from the opening of the succession, i.e., from the date of the donor's death. It is crucial not to let this period lapse, as inaction could lead to the definitive loss of the right to act.

Can I challenge a gift while the parent is still alive?

No, as long as the donor is alive, it is not possible to exercise the action for reduction, nor to waive the right to bring it in advance. The infringement of the legitimate share is calculated only at the time of death, when the estate crystallizes and the actual value of the inheritance can be determined. However, an expert in succession law can advise monitoring the situation and gathering useful documentation to be ready to act promptly upon the opening of the succession.

What happens if the beneficiary of the gift has sold the asset to third parties?

If the donee has sold the property received as a gift to third parties and does not possess sufficient assets to satisfy the claims of the infringed forced heir, an action for restitution against the third-party purchaser can be brought. The third-party purchaser can be released from the obligation to return the asset in kind by paying its monetary equivalent. However, there are specific time limits (twenty years from the transcription of the gift) that make timely legal advice essential to verify the feasibility of the action.

What are the costs for initiating an action for reduction in Milan?

The costs of inheritance proceedings depend on numerous factors, including the value of the estate, the complexity of the patrimonial reconstructions, and the need for any technical expert reports. It is not possible to provide a standard estimate without knowing the details of the case. During the first consultation at the Bianucci Law Firm, the specific case will be analyzed, and a clear and transparent quote will be provided, commensurate with the professional commitment required and the agreed-upon strategy.

Request an Evaluation of Your Case

If you believe your legitimate share has been infringed by gifts or testamentary dispositions, do not wait any longer. The protection of your inheritance rights requires prompt and competent action. Contact Avv. Marco Bianucci for an in-depth evaluation of your situation. The Bianucci Law Firm welcomes you at its Milan office, located at Via Alberto da Giussano, 26, to define together the best course of action to recover what is rightfully yours.