Inheritance Law: Understanding Your Inheritance Rights

The loss of a loved one is one of the most delicate moments in an individual's life, often compounded by the need to deal with complex bureaucratic and legal issues. In this context, inheritance law plays a fundamental role in ensuring that the transfer of assets occurs in compliance with the deceased's wishes and the protections provided by Italian law. Understanding the dynamics of statutory succession and testamentary succession is essential to avoid family conflicts that can drag on for years. Current legislation provides precise mechanisms to protect the closest relatives, the so-called forced heirs, to whom the legal system necessarily reserves a share of the estate, regardless of testamentary provisions.

Addressing these issues requires not only human sensitivity but also profound technical expertise. In fact, it is often necessary to manage intricate situations such as the infringement of the forced heir's share, the need to proceed with a judicial division of the inheritance, or the desire to contest a will that is considered invalid or forged. It is in these circumstances that the support of a professional becomes crucial to protect one's interests and ensure compliance with the law.

The Approach of Studio Legale Bianucci in Inheritance Disputes

Studio Legale Bianucci, located in Milan at Via Alberto da Giussano 26, handles inheritance matters with a rigorous and personalized method. Lawyer Marco Bianucci, an expert in inheritance law in Milan, analyzes each case by thoroughly examining the estate and any testamentary provisions. The primary objective is always to prevent litigation through mediation and negotiation tools, seeking solutions that can preserve family relationships as much as possible.

When out-of-court settlement is not feasible, Lawyer Marco Bianucci assists the client in every phase of the legal proceedings, from the claim of inheritance assets to the action for reduction due to infringement of the forced heir's share. The legal strategy is tailored, carefully evaluating the costs and benefits of each action taken. Thanks to extensive experience in the field, the firm is able to guide heirs through the complexities of the inheritance declaration and related taxes, offering a clear and authoritative point of reference in a time of great uncertainty.

Frequently Asked Questions

How long do I have to accept the inheritance?

The right to accept the inheritance expires after ten years, which generally run from the date of the opening of the succession, i.e., from the date of death. However, it is important to know that anyone with an interest can ask the judicial authority to set a deadline within which the heir must declare whether they accept or renounce the inheritance; if this deadline passes without any declaration, the heir loses the right to accept.

Is it possible to disinherit a child or spouse?

In our legal system, it is not possible to completely disinherit so-called forced heirs, i.e., the spouse, children, and, in the absence of children, ascendants. The law reserves an intangible share of the estate for them, defined as the forced heir's share. Even in the presence of a will that disposes otherwise, forced heirs can take legal action with an action for reduction to obtain the part of the inheritance that is legally theirs.

How do you contest a holographic will?

A holographic will can be contested if it has formal defects, such as the lack of autography (not entirely handwritten by the testator), date, or signature. Furthermore, it can be contested if it is proven that the testator, at the time of drafting, was incapable of understanding and willing, or if their will was vitiated by error, violence, or fraud. Lawyer Marco Bianucci, an expert in inheritance law in Milan, can assess whether the conditions for a potential contest are met.

What happens if the deceased left no will?

In the absence of a will, what is known as statutory succession opens. In this case, the law identifies the heirs and establishes the inheritance shares, prioritizing the closest relatives. Assets are devolved to the spouse, descendants, ascendants, collateral relatives, and other relatives up to the sixth degree. If there are no relatives within the sixth degree, the inheritance is devolved to the State.

Request an Assessment of Your Case

Inheritance matters require promptness and precision. If you have doubts about the validity of a will, believe your forced heir's share has been infringed, or need assistance with the division of an inheritance, contact lawyer Marco Bianucci. The firm receives clients in Milan at Via Alberto da Giussano, 26. During the initial consultation, your specific situation will be analyzed to outline the most appropriate course of action to protect your rights.