The sale of a property at a negligible price: when simulation applies

It frequently happens that a parent decides to transfer ownership of a property to one of their children through a deed of sale, but sets a price significantly lower than the market value, or even without any real money changing hands. As an expert lawyer in succession law, it is crucial to clarify that this operation, although formally valid as a sale, may conceal a disguised donation. When the agreed price is negligible or symbolic (the so-called nummo uno), the deed can infringe upon the rights of other forced heirs, unlawfully removing assets from the hereditary mass that should be divided equally according to the law.

The regulatory framework: disguised donation and infringement of forced heirship rights

The Italian legal system, through the institution of simulation governed by the Civil Code, allows the true nature of the act to be revealed. If it is proven that behind an apparent sale lies a will to donate (animus donandi), the transferred asset must be considered a donation. This is crucial in succession matters because, unlike sales, donations are subject to fictitious aggregation and collation: this means that the value of the asset must be counted to verify whether the forced heirship shares due to the spouse or other children have been affected. If infringement is ascertained, the harmed heirs can take action to recover their share.

The approach of Studio Legale Bianucci in proving simulation

Dealing with a simulation case requires a meticulous evidentiary strategy and in-depth analysis of documentation. The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, focuses on identifying concrete and circumstantial evidence that can expose the fictitious nature of the sale. Suspicion is not enough; a solid evidentiary framework must be built.

Specifically, the firm's activity focuses on analyzing financial flows to verify the actual payment of the price and on assessing the buyer's income capacity at the time of the deed. Often, in fact, the purchasing child does not have the financial resources to justify the purchase, or the money, even if transferred, returns to the parent's disposal shortly after. Avv. Marco Bianucci accompanies the client at every stage, from gathering documentary evidence to legal action before the Court, with the aim of restoring the real value of the asset to the hereditary estate and ensuring a fair and lawful division.

Frequently Asked Questions

How can it be proven that the price was not actually paid?

The key evidence usually lies in the traceability of payments. If there is no evidence of checks or bank transfers concurrent with the deed, or if it is proven that the money used actually came from the parent themselves (indirect donation of money), it is possible to prove simulation. Even a clear disproportion between the purchasing child's income and the agreed price constitutes a strong indication for the judge.

Within what timeframe can one act to assert simulation?

The statute of limitations varies depending on the purpose of the action. The action for absolute simulation is imprescriptible (never expires), while the action for relative simulation, aimed at asserting the disguised donation to then proceed with the action for reduction due to infringement of forced heirship rights, is subject to the ordinary ten-year statute of limitations, which generally runs from the opening of the succession.

What happens if the judge ascertains the simulation of the sale?

If the judge accepts the claim and declares that the sale disguised a donation, the real estate (or its value) is considered as if it had never left the deceased's estate for valuable consideration, but as a gift. Consequently, the value of the asset is included in the calculation of the hereditary mass (fictitious aggregation) and, if necessary, may be subject to an action for reduction to satisfy the rights of the infringed forced heirs.

Can I take legal action while the parent is still alive?

Generally, the interest in acting to protect the forced heirship share only arises at the time of the parent's death, when the succession opens and the hereditary estate is crystallized. However, in specific cases of absolute simulation (where it is claimed that the asset never left the parent's estate), there may be different margins for intervention, but the protection of forced heirs is typically post-mortem.

Protect your inheritance rights in Milan

Succession dynamics involving real estate and family relationships require delicacy but also extreme legal firmness. If you suspect that a real estate sale has infringed your rights as an heir, it is essential to analyze the situation promptly. Avv. Marco Bianucci is available at the office at via Alberto da Giussano 26 in Milan to evaluate your case and define the most effective strategy to protect your assets.