Succession in Civil Unions: Necessary Protection

Facing the loss of one's partner is one of the most painful moments in life, often compounded by uncertainties regarding future assets and housing. Until a few years ago, same-sex couples found themselves in a legislative grey area that left the surviving partner without adequate inheritance protections. Today, thanks to legislative evolution, the scenario has radically changed, but the correct application of these rights often requires expert guidance to avoid disputes with the deceased's relatives. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci deeply understands the delicate dynamics that can arise in these circumstances and works to ensure that the couple's wishes and the rights guaranteed by law are fully respected.

The Regulatory Framework: Equivalence Between Civil Union and Marriage

Law 76/2016, known as the Cirinnà Law, marked an epochal turning point in Italian family and succession law. The cornerstone principle introduced by the legislation is the substantial equivalence, from a succession perspective, between a party to a civil union and a spouse in a marriage. This means that the surviving partner in a civil union is entitled to the same inheritance rights as a husband or wife. These are no longer concessions or judicial interpretations, but full subjective rights. The partner becomes, in all respects, a forced heir. This implies that a portion of the deceased's estate, defined as the reserved portion (quota di legittima), is legally reserved for them and cannot be encroached upon even by contrary testamentary provisions. Furthermore, the law recognizes the surviving partner's right of habitation in the home used as their common residence and the right of use of the furnishings therein, if owned by the deceased or jointly owned, thus ensuring the continuity of their emotional living environment.

The Approach of Studio Legale Bianucci in Milan

The approach of Avv. Marco Bianucci, an expert lawyer in successions in Milan, is based on the understanding that every family story is unique and deserves a personalized defense strategy. At the firm's office at Via Alberto da Giussano 26, legal assistance is not limited to mere succession bureaucracy but extends to the active protection of the client. Indeed, despite the clarity of the law, the surviving partner may encounter resistance from the deceased's family of origin. In such cases, the firm's intervention aims to firmly assert acquired rights, managing the stages of opening the succession, the potential publication of the will, and, if necessary, actions for reduction to reinstate the infringed reserved portion. The objective is to relieve the client of complex legal burdens during a time of grief, ensuring that the transfer of assets and rights occurs in full compliance with the law and the dignity of the couple.

Frequently Asked Questions

What is the inheritance share that the partner in a civil union is entitled to?

The share varies based on the presence of other forced heirs, such as children. If there are no children, the partner in a civil union is entitled to half of the estate in the absence of a will, or a reserved portion if there is a will. In the presence of children, the shares are restructured exactly as they are for a spouse in a marriage.

Can the partner in a civil union remain in the shared home?

Absolutely yes. The law recognizes the surviving partner's right of habitation in the home used as the family residence and the right of use of the furnishings, exactly as provided by Article 540 of the Civil Code for a married spouse, thus protecting the survivor from the risk of having to leave their home.

What happens if the deceased made a will excluding the partner?

The partner in a civil union is a forced heir. This means they cannot be completely disinherited. If a will excludes the partner or leaves them a share less than the reserved portion, Avv. Marco Bianucci can initiate an action for reduction to reinstate the inheritance share legally due.

Do succession rights also apply to unregistered de facto cohabitations?

No, it is crucial to distinguish. Total equivalence to a spouse applies only to parties in a formalized civil union. De facto cohabitants do not have automatic succession rights and, in the absence of a specific will, inherit nothing by law.

Protect Your Inheritance Rights with Avv. Marco Bianucci

If you have lost your partner and need assistance managing the succession, or if you wish to plan the financial future of your civil union, it is essential to act with awareness. Avv. Marco Bianucci is at your disposal to analyze your specific situation and ensure that your rights are fully recognized. Contact the firm in Milan to schedule an initial consultation and receive a professional and transparent assessment of your case.