The Equal Inheritance Rights for All Children

Facing the loss of a parent is a painful time, which can become even more complex when disparities in testamentary provisions emerge. Often, children born outside of marriage or adopted children fear having fewer rights than children born within the marriage, or find themselves confronted with wills that infringe upon their reserved share. Understanding one's rights is the first step to ensuring the law's will is respected. As a succession lawyer operating in Milan, the objective is to ensure that every heir receives what is rightfully theirs, rectifying any infringements of the reserved share through the most appropriate legal instruments.

The Regulatory Framework: Unification of Child Status

Italian succession law has undergone a profound evolution, culminating in the reform of filiation (Law 219/2012 and Legislative Decree 154/2013). Today, the law no longer makes any distinction between legitimate children (born within marriage), natural children (born outside of marriage), and adopted children. All children have exactly the same inheritance rights. This principle of unified child status means that, at the time of the opening of the succession, the law reserves for each of them an intangible portion of the deceased's estate, defined as the reserved share. No will can validly exclude or penalize a child in favor of other heirs beyond the limits of the disposable portion. If the parent has disposed of their assets, either during their lifetime through donations or after death through a will, to an extent that encroaches upon the share reserved for the children, the legal system provides specific remedies to reintegrate the estate due to the reserved heirs.

Studio Legale Bianucci's Approach to Inheritance Protection

Avv. Marco Bianucci, an expert lawyer in succession law in Milan, addresses delicate issues concerning the infringement of the reserved share with an analytical and rigorous method. The firm's strategy always begins with a precise reconstruction of the inheritance estate. It does not limit itself to assessing what remains at the time of death (the so-called relictum), but proceeds, where necessary, to the fictitious reconstruction of the estate by including all donations made by the deceased during their lifetime (the donatum). This operation is fundamental because it is often through donations that infringements of the rights of natural or adopted children occur. Avv. Marco Bianucci prioritizes, in the first instance, the path of mediation and out-of-court settlement, seeking to reconcile family interests without the lengthy proceedings of a lawsuit. However, if there is no openness from the opposing party, the firm is prepared to proceed judicially with the action for reduction, the primary tool to render infringing provisions ineffective and reintegrate the reserved share due to the client.

Frequently Asked Questions

Do children born outside of marriage have the right to the same inheritance as children born within marriage?

Yes, absolutely. The reform of filiation has eliminated all distinctions. Children born outside of marriage have exactly the same succession rights and the same reserved shares as children born within marriage. There is no longer any legal discrimination in succession matters.

What can I do if my father's will excluded me or left me very little?

If the will infringes upon your reserved share, meaning the portion of the inheritance that the law obligatorily reserves for you, you have the right to take legal action. The main tool is the action for reduction, which serves to reduce testamentary provisions or infringing donations until your share is reintegrated. It is essential to consult a professional to calculate the exact extent of the infringement.

Do adopted children have different rights compared to biological children?

No, adopted children are equated in all respects to biological children. Adoption confers the status of a child in full right, with the same inheritance rights. Therefore, an adopted child also has the right to the reserved share and cannot be disinherited or treated worse than other children.

Within what timeframe must I act to claim my inheritance share?

Generally, the right to accept an inheritance prescribes ten years from the opening of the succession. However, for the action for reduction of donations or testamentary provisions infringing the reserved share, the deadlines may vary depending on when the inheritance is accepted by the heir or other specific factors. It is advisable to act promptly to avoid forfeiture or the dissipation of the estate.

Request an Assessment of Your Case in Milan

Succession dynamics require technical expertise and sensitivity. If you believe your rights as a natural or adopted child have been infringed, do not let time pass in vain. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your situation and outline the most effective path to obtain your rightful inheritance share.