The Will to Donate and the Constraints of Italian Law

The decision to allocate a portion of one's assets to charitable causes, religious institutions, or non-profit organizations is an act of great nobility that allows one to leave a tangible mark of their values. However, in our legal system, testamentary freedom is not absolute. Those who wish to make a generous act through a will must contend with the strict rules that protect close family members, defined as forced heirs. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci deeply understands the testator's desire to support important causes, but is equally aware of the need for precise balancing to prevent such generosity from becoming, in the future, a source of legal dispute between the beneficiary organization and the deceased's relatives.

Share of Legitimacy and Disposable Share: Rules for Legacies

The Italian Civil Code establishes that a portion of the inheritance, known as the share of legitimacy (quota di legittima), is legally due to certain individuals: the spouse, children, and, in their absence, ascendants. This share is inviolable and cannot be infringed upon even by the wishes expressed in a will. Consequently, legacies to charitable organizations can only be validly made by drawing from the so-called disposable share (quota disponibile), which is the remaining part of the estate that the testator can freely dispose of without restrictions. Understanding the exact extent of this share is crucial. If a charitable legacy exceeds the disposable share, encroaching upon the reserve due to family members, the latter may take legal action to obtain the reduction of the testamentary provisions, thereby rendering the deceased's will ineffective and creating emotional and financial tensions.

The Bianucci Law Firm's Approach to Estate Planning

Planning a charitable legacy requires meticulous and preventive asset analysis. The approach of Avv. Marco Bianucci, an expert lawyer in successions in Milan, is based on a detailed assessment of the entire hereditary estate. At the Bianucci Law Firm, we assist clients in reconstructing the total value of assets, including not only what is left at the time of death (relictum) but also what may have been donated during life (donatum), an operation necessary to correctly calculate the disposable share. The goal is to draft an unassailable will, allowing the client to support the causes they care about with the certainty that their wishes will be respected and that their loved ones' rights will not be infringed. Through targeted consultation, it is possible to identify the most suitable legal instruments, such as a specific legacy (legato) or the institution of an heir within the disposable share, ensuring peace of mind for both the testator and future heirs.

Frequently Asked Questions

Can I leave my entire estate to a charity if I have children?

If you have children, you cannot leave your entire estate to a charity. The law reserves a share of legitimacy for children, which varies depending on their number and the presence or absence of a spouse. You can only allocate the disposable share to the charity. If the will provided otherwise, the children would have the right to contest it to obtain the portion legally due to them.

What happens if the charitable legacy exceeds the disposable share?

If the value of the assets left to the charity exceeds the disposable share and infringes upon the legitimacy of the reserved heirs, the latter can exercise the action for reduction. This is a legal action aimed at rendering the infringing testamentary provisions ineffective, proportionally reducing the legacy made to the organization until the share due to family members is reinstated.

How can I be sure that my legacy will not be contested?

To minimize the risk of disputes, it is essential to perform a precise preliminary calculation of the estate and the shares. Entrusting yourself to an expert lawyer in succession law allows for the drafting of the will using the correct legal formulas and respecting the limits imposed by law, perhaps specifying that the legacy should be understood as applying to the disposable share.

Protect Your Wishes and Your Family's Peace of Mind

Planning your succession by reconciling generosity and family duties is an act of responsibility. If you wish to structure a secure and legally compliant charitable legacy, contact Avv. Marco Bianucci for an in-depth assessment of your financial situation. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is at your disposal to guide you in drafting a clear and effective will.