When Bonds Break: The Legal Management of Inheritance

When family relationships break down irreparably, it is natural to wonder if it is possible to exclude certain relatives from one's succession. Whether it's a child with whom one has had no contact for years or a spouse from whom one has separated de facto but not legally, the desire to freely dispose of one's assets often clashes with the constraints imposed by our legal system. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci understands the delicacy of these situations, where emotional dynamics intertwine with complex codicised regulations.

Italian law, unlike that of some Anglo-Saxon countries, strongly protects the family unit through the institution of the forced share (quota di legittima). However, this does not mean that the testator is without tools to assert their will. Specific legal avenues exist that allow for the reduction of the impact of claims from unwanted heirs or, in cases of particular gravity, their definitive exclusion.

The Regulatory Framework: Forced Share and Unworthiness to Inherit

To understand how to act, it is essential to distinguish between the disposable share and the forced share. The Italian Civil Code identifies certain figures, known as forced heirs (legittimari) (primarily spouse, children, and, in the absence of children, ascendants), to whom the law necessarily reserves a portion of the hereditary estate. This portion cannot be affected either by will or by donations made during life.

Consequently, in our legal system, there is no absolute testamentary freedom. Disinheriting a child or spouse simply by writing "I do not want to leave anything to John Doe" in a will exposes the act to an action for reduction: the excluded heir can challenge the will and obtain the reinstatement of their forced share.

The Exception of Unworthiness to Inherit

However, there is a specific case where total exclusion is provided for by law: unworthiness to inherit (indegnità a succedere). Article 463 of the Civil Code lists exhaustively the serious behaviors (such as attempted murder, serious slander, suppression or alteration of a will) that render a person unworthy to receive an inheritance. It is important to emphasize that unworthiness is not automatic (except in specific cases) but must be ascertained through a judge's ruling.

The Bianucci Law Firm's Approach to Succession Planning

Addressing succession planning requires a clear-headed and technically impeccable strategy. The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, begins with a detailed analysis of the client's assets and family situation. The goal is not to circumvent the law, but to use all the tools it offers to maximize the testator's wishes.

The Bianucci Law Firm works to build a strategy that can:

1. Precisely calculate the disposable share: Often, the amount that can be freely left to third parties or other preferred family members, while still respecting the law, is underestimated.

2. Utilize alternative instruments: Through proper planning that may include donations (with due caution), insurance policies, or destination trusts, it is possible to manage generational transfer in a way that is more aligned with the client's desires.

3. Draft unassailable wills: A holographic will written without legal assistance is often vulnerable. Avv. Marco Bianucci assists in drafting documents that minimize the risk of challenges for infringement of the forced share or formal defects.

Frequently Asked Questions

Can I completely disinherit a child I haven't spoken to in years?

According to Italian law, a simple bad relationship or lack of contact are not sufficient grounds to disinherit a child, who remains a forced heir with the right to their intangible share. Total exclusion is only possible if a judge ascertains a cause of unworthiness to inherit provided for by the Civil Code (e.g., serious crimes against the parent).

What is the forced share and to whom does it belong?

The forced share is that portion of the inheritance that the law mandatorily reserves for the closest relatives: the spouse, children, and, only in the absence of children, ascendants (parents). The testator cannot dispose of this share in favor of others, under penalty of the forced heirs being able to take legal action to recover it.

What happens if I make a will leaving everything to only one child?

If a parent leaves everything to one child, excluding others, the will is valid but "reducible." The excluded children can initiate legal action (action for reduction) to obtain the part of the inheritance that legally belongs to them. If they do not act within the statute of limitations, the provisions of the will remain effective.

Is it possible to exclude a spouse from the inheritance in case of separation?

A separated spouse retains succession rights (and therefore the forced share) until the moment of divorce or separation with fault (addebito) that has become final. Only with divorce or the attribution of fault in separation do inheritance rights cease, except in certain cases for the right to an allowance charged to the estate if the surviving spouse was in a state of need.

Plan the Future with Awareness

The transmission of assets is a crucial moment that can generate conflict if not managed with foresight and technical expertise. Do not let the future of your assets be decided by chance or by general rules that do not reflect your will.

If you wish to protect your assets and ensure that your dispositions are respected, contact Avv. Marco Bianucci. At the firm in Milan, at Via Alberto da Giussano 26, you can receive an in-depth assessment of your situation and define the succession strategy best suited to your needs.