Protecting the Future: Beyond Assets

The greatest concern for a parent of a child with a disability is imagining the future when no one will be there to care for them. This legitimate anxiety requires concrete answers and solid legal tools. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci deeply understands that estate planning, in these cases, is not a simple division of assets, but a true act of love and foresight. The goal is to ensure not only financial security but also continuity of care and quality of life for the vulnerable person, building a safety net that outlives the parents.

The Regulatory Framework and the "After Us" Law

The Italian legal system offers various protections, but the fundamental turning point came with Law no. 112/2016, commonly known as the "Dopo di Noi" (After Us) Law. This legislation introduced important tax benefits and specific legal instruments to promote the well-being, social inclusion, and autonomy of people with severe disabilities. The law allows for assets and resources to be allocated to the care of the disabled person, segregating them from the rest of the inheritance and protecting them from external claims. However, inheritance law in Italy is complex and provides for intangible reserved shares for other heirs, making it necessary to carefully balance the rights of all family members with the primary need to protect the vulnerable individual.

Legal Instruments for Asset Protection

A simple will is often not enough to implement effective protection. More complex legal structures are frequently required. The Trust, for example, is an extremely flexible instrument that allows assets to be entrusted to a trustee to manage them solely in the interest of the disabled beneficiary, according to precise rules set by the parents. Alternatively, one can opt for a purpose-bound trust under art. 2645-ter of the Civil Code or a fiduciary assignment agreement. Even the advance appointment of a support administrator, with specific instructions on future wishes, represents a fundamental piece of this defensive architecture. Each instrument has different tax and management implications that must be carefully evaluated.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in inheritance law in Milan, begins with listening to the family's story and the specific needs of the child. There is no standardized solution: each disability and each estate requires a tailor-made approach. Studio Legale Bianucci analyzes the composition of the assets and the family structure to identify the most suitable legal instrument, whether it be a special fund, a trust, or a testamentary legacy. The strategy focuses on the long-term sustainability of the project, ensuring that resources are sufficient and well-managed for the beneficiary's entire life. Furthermore, maximum attention is paid to preventing future disputes among heirs, which could compromise the well-being of the vulnerable individual.

Frequently Asked Questions

What are the tax advantages of the "After Us" Law?

The "After Us" Law provides significant exemptions from inheritance and gift tax for assets contributed to trusts, purpose-bound trusts, or special funds for the benefit of people with severe disabilities. In addition, tax deductions are provided for liberal donations and concessions for registration, mortgage, and cadastral taxes, making asset transfers much less burdensome.

Is a will sufficient to protect a disabled child?

Often, a will alone is not enough. While it allows for the assignment of the disposable portion to the disabled child, it does not guarantee controlled and protected management of assets over time. Instruments such as trusts or purpose-bound trusts offer greater guarantees, ensuring that the assets are used exclusively for the care and assistance needs of the beneficiary, under the supervision of third parties.

Can I leave the entire inheritance to my disabled child, excluding my other children?

Italian law protects forced heirs (spouse and children), reserving a portion of the inheritance for them that cannot be infringed. However, an expert inheritance lawyer can study solutions that maximize the portion allocated to the disabled child, using the disposable portion and specific instruments that, while respecting the law, allow for more resources to be allocated to those most in need of protection.

Who will manage the assets of the disabled child after the parents' death?

The choice of manager is crucial. In the case of a trust, the trustee (who can be a professional, an entity, or a trusted family member) will manage the assets. In the absence of a trust, the support administrator or guardian, appointed by the Guardianship Judge, will be responsible for asset management. It is essential to indicate in your will the person deemed most suitable to fill this delicate role.

Plan the Future of Those You Love Today

The peace of tomorrow is built with today's choices. If you wish to protect the future of a vulnerable child, leave nothing to chance. Contact Avv. Marco Bianucci for an in-depth assessment of your family and financial situation. Together, at the Milan office, we can define the safest and most effective protection path, ensuring that your wishes for care and protection are transformed into solid legal realities.