Inheritance Protection for Unmarried Couples

Many couples who choose to live together without marrying are not fully aware of the legal implications this choice entails in the event of the death of one of the partners. It is often mistakenly believed that prolonged cohabitation automatically generates succession rights similar to those of marriage. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci frequently meets people who discover too late the absence of automatic protections for the surviving partner. The lack of adequate planning can leave the partner in a situation of severe economic and housing vulnerability, excluded from the inheritance in favor of even distant relatives of the deceased.

The Regulatory Framework: Why a Cohabiting Partner is Not a Legal Heir

Italian law, while having introduced important rights for unmarried couples with Law Cirinnà (n. 76/2016), maintains a clear distinction from marriage regarding inheritance law. It is crucial to understand that a cohabiting partner (convivente more uxorio) does not fall into the category of legal heirs. In the absence of a will, the entire estate of the deceased is devolved to relatives (children, parents, siblings, or other relatives within the sixth degree), completely excluding the partner. Even the right of habitation in the family home, which for a spouse lasts a lifetime, is limited in time for a cohabiting partner (from a minimum of two to a maximum of five years), after which the legal heirs can request its release. This regulatory rigidity makes the adoption of specific legal instruments indispensable to ensure concrete protection.

The Bianucci Law Firm's Approach to Succession Planning

Addressing the issue of succession requires sensitivity and technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in inheritance law in Milan, always begins with an in-depth analysis of the client's assets and family situation. There is no standard solution: every couple has different needs. The Firm works to build a strategy that primarily uses the will as the main instrument to establish the cohabiting partner as an heir, always respecting the reserved shares due to children or ascendants, to avoid future challenges. Furthermore, complementary tools such as insurance policies or cohabitation agreements are evaluated to regulate financial aspects during the couple's life together. The goal is to transform the client's desire for protection into legally unassailable acts, ensuring peace of mind for the surviving partner.

Frequently Asked Questions

If I don't make a will, does my cohabiting partner get anything?

No, Italian law does not provide for automatic inheritance rights for a de facto cohabiting partner. In the absence of a will, the inheritance is divided exclusively among the deceased's relatives according to the rules of intestate succession. The cohabiting partner, regardless of the duration of the relationship, will inherit nothing of the estate.

Can the surviving cohabiting partner remain in the shared home?

The law grants the surviving cohabiting partner a temporary right of habitation in the home of common residence (if owned by the deceased), for a period equal to the duration of the cohabitation, with a minimum of two years and a maximum of five. If minor or disabled children of the couple live in the home, the right cannot be less than three years. Once this period expires, without specific testamentary provisions (such as a legacy of habitation or usufruct), the legal heirs can demand the release of the property.

Can I leave my entire estate to my cohabiting partner with a will?

It depends on your family composition. If you have forced heirs (children, a separated but not divorced spouse without fault, or in the absence of children, ascendants), the law reserves an inviolable share of the estate for them, known as the reserved share (quota di legittima). You can freely dispose only of the so-called 'disposable share'. An expert inheritance lawyer can help you calculate these shares to maximize the bequest to your cohabiting partner without infringing upon the rights of the forced heirs.

How much does it cost to draft a will to protect a cohabiting partner?

The costs for succession planning are not fixed and depend on the complexity of the estate and the chosen instrument (holographic will with legal advice or public will). It is necessary to schedule an appointment at the office to evaluate the specific case: Avv. Marco Bianucci will provide a clear and transparent quote only after analyzing your needs and the structure of the assets to be protected.

Request a Consultation at the Milan Office

Do not let the law decide your partner's future. If you wish to ensure solid protection and prevent disputes with relatives, it is essential to act in time. Contact Avv. Marco Bianucci for an assessment of your case. The Bianucci Law Firm awaits you at its Milan office, in Via Alberto da Giussano 26, to define together the strategy best suited to your wishes.