Protection of the Legitimate Share in Successions

When a succession opens, it may happen that an heir discovers they have been deprived, in whole or in part, of the share of the estate that the law mandatorily reserves for them. This situation, technically defined as a violation of the legitimate share, often generates deep and complex family conflicts. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci fully understands the state of mind of those who see their inheritance rights disregarded due to unfair wills or donations made by the deceased during their lifetime that have depleted the estate.

Italian law provides specific tools to remedy these injustices, guaranteeing heirs entitled to a mandatory share (spouse, children, and, in the absence of children, ascendants) an inviolable portion of the estate. Understanding how to activate these protections is the first step towards restoring the balance of succession.

What is the Action for Reduction and When to Exercise It

The action for reduction is the primary remedy provided by the Civil Code to protect a violated legitimate heir. Through this legal instrument, the heir can ask the judge to render ineffective testamentary dispositions or donations that have encroached upon their legitimate share. The objective is to reconstitute the hereditary mass to satisfy the claims of the excluded or violated heir.

Before undertaking legal action, it is necessary to perform a precise calculation of the hereditary mass through a fictitious aggregation. This accounting operation sums the value of the assets left at the time of death (relictum) with the value of assets donated during the deceased's lifetime (donatum), deducting any debts. Only through this technical analysis is it possible to determine if a violation has actually occurred and to what extent.

Avv. Marco Bianucci's Approach in Inheritance Disputes

Handling a succession case requires not only technical expertise but also a strategic vision aimed at containing family conflict, where possible. Avv. Marco Bianucci's approach, as an expert lawyer in successions in Milan, always begins with a rigorous analysis of the family's financial and historical documentation. The Bianucci Law Firm is dedicated to the meticulous reconstruction of the hereditary estate, also investigating indirect donations or concealments that may have diverted resources from legitimate heirs.

The firm's strategy prioritizes, in an initial phase, the path of mediation and amicable settlement. Often, presenting the opposing party with a clear and unassailable legal framework, supported by precise calculations of the suffered violation, allows for satisfactory agreements to be reached without having to wait for the lengthy proceedings of a trial. However, should the out-of-court route not yield the desired results, Avv. Marco Bianucci is prepared to defend the client's rights in court with firmness and competence, exercising the action for reduction and, if necessary, the action for restitution against the beneficiaries of donations or third-party purchasers.

Frequently Asked Questions

Within what time limit does the action for reduction become time-barred?

The action for reduction is subject to the ordinary ten-year statute of limitations. However, the moment from which this term begins to run can vary: it generally starts from the date of the opening of the succession for donations, or from the date of acceptance of the inheritance for violating testamentary dispositions. It is crucial to consult an expert promptly to avoid forfeiting the right.

Can I challenge donations made by the deceased during their lifetime?

Yes, donations made by the deceased during their lifetime are the first to be considered if the remaining estate is insufficient to cover the legitimate share. If the violation persists even after reducing testamentary dispositions, the process continues by reducing donations, starting from the most recent one and working backward to earlier ones.

How is the legitimate share I am entitled to calculated?

The share varies based on the composition of the family unit at the time of the succession's opening. For example, if the deceased leaves only a spouse and one child, each is entitled to one-third of the estate. If there are multiple children, they are collectively entitled to half of the estate, and the spouse to one-quarter. The calculation must be made on the fictitious mass (remaining assets + donated assets - debts).

What happens if the donated asset has been sold to third parties?

If the donee (the one who received the donation) has sold the asset to a third party, and their estate is insufficient to satisfy the legitimate share of the violated heir, it is possible to proceed against the third-party purchaser through the action for restitution, to recover the asset or its equivalent value, subject to certain exceptions provided by law.

Request a Consultation at the Bianucci Law Firm

Inheritance matters require clarity and specific expertise to be resolved optimally. If you believe your legitimate share has been violated or you have doubts about a complex succession, contact Avv. Marco Bianucci for an evaluation of your case. The firm, located in Milan at Via Alberto da Giussano 26, is available to analyze your situation and define the most effective strategy to protect your inheritance rights.