The Legal Void: Why a Cohabitant Risks Exclusion from Inheritance

The choice to live together without getting married is increasingly common in Italy, but it is crucial to be aware that our legal system makes a clear distinction between spouses and de facto cohabitants (or more uxorio) in matters of succession. Many people discover with dismay, only at the time of mourning, that their life partner is not entitled to any automatic inheritance rights. In the absence of specific provisions, the deceased's entire estate is allocated to the closest relatives (children, parents, siblings), completely excluding the cohabiting partner.

This situation can lead to dramatic scenarios, where the survivor not only faces emotional loss but also economic uncertainty or even the risk of having to leave the shared home if it was owned by the deceased. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci often emphasizes how the law on civil unions (Law Cirinnà) has introduced protections for same-sex couples in civil unions, equating them to spouses, but has left simple de facto cohabitants in a legal grey area lacking automatic succession guarantees. Protection, in these cases, is not an acquired right but must be actively built through conscious legal planning.

The Bianucci Law Firm's Approach: Planning to Protect

Addressing the issue of one's succession is never easy, but for de facto couples, it is an indispensable act of responsibility. The approach of Avv. Marco Bianucci, an expert lawyer in inheritance law in Milan, focuses on preventing conflicts and maximizing protection for the partner, while fully respecting the legally reserved shares for any forced heirs (such as children).

The Bianucci Law Firm's strategy begins with a thorough analysis of the assets and family situation. The primary tool in these cases is the will: only through a valid and well-drafted will can one name their cohabitant as heir, bequeathing them the so-called "disposable share" of the estate. However, drafting a will requires technical expertise to prevent it from being challenged by excluded relatives or from infringing upon the legitimate shares. Furthermore, Avv. Marco Bianucci considers the use of complementary tools, such as life insurance policies, which allow for the transfer of capital to the beneficiary (the cohabitant) outside the estate, offering immediate liquidity that cannot be seized by creditors or other heirs.

Regarding housing, the firm assists clients in entering into cohabitation agreements or establishing real rights (such as usufruct or the right of habitation) to ensure that the surviving partner can continue to live in the family home, a right that the law grants to the cohabitant only for a limited period proportional to the duration of the cohabitation (from 2 to a maximum of 5 years), unless there are minor children.

Frequently Asked Questions

Does a cohabitant automatically inherit in the absence of a will?

No, in intestate succession (without a will), the more uxorio cohabitant is not among the heirs. If no will is drawn up, the deceased's assets will go to children, parents, siblings, or other relatives up to the sixth degree, completely excluding the partner.

Can I leave my entire estate to my cohabiting partner?

It depends on your family composition. If you have living children or parents, the law reserves an inviolable share of the estate for them (legitimate share). You can only leave the "disposable share" to your cohabitant, which is the portion of the estate remaining after satisfying the rights of the forced heirs. An expert lawyer in inheritance law is essential for correctly calculating these shares and avoiding future legal disputes.

Is the surviving cohabitant entitled to a survivor's pension?

No, unlike a spouse or a partner in a civil union, a de facto cohabitant is not entitled to the INPS survivor's pension, unless there are minor or disabled children who are indirectly entitled to it. For this reason too, planning alternative protections is crucial.

What happens to the residence if the owner dies?

The law provides limited protection: the surviving cohabitant has the right to continue living in the common residence for a period equal to the duration of the cohabitation, with a minimum of two years and a maximum of five years. After this period, if the house passes to the legal heirs, the cohabitant may be forced to leave. To avoid this, specific testamentary provisions are necessary (e.g., a right of habitation bequest).

Request a Consultation for Your Future

Do not let your partner's future be decided by laws that do not reflect your emotional reality. Succession planning is the only concrete tool to ensure peace of mind for those you love. Avv. Marco Bianucci is available at the Milan office to analyze your specific situation and prepare the most suitable legal instruments for the protection of your couple. Contact the Bianucci Law Firm to schedule a confidential meeting and discuss the options available to you.