Protection of Inheritance Rights Against a Detrimental Will

Discovering a will that excludes a close family member or drastically reduces an expected inheritance share is a moment of great emotional and legal complexity. As a lawyer specializing in inheritance law in Milan, Avv. Marco Bianucci deeply understands the bewilderment that can arise from feeling deprived of one's succession rights. Italian law provides precise tools to protect the closest relatives, guaranteeing them an intangible portion of the estate, regardless of the deceased's expressed wishes. Addressing these issues requires not only technical expertise but also the ability to manage often delicate family dynamics.

Statutory Share and Action for Reduction: The Legal Framework

Our legal system stipulates that certain individuals, defined as statutory heirs (spouse, children, and, in the absence of children, ascendants), are entitled to a specific share of the deceased's estate, known as the statutory share. The testator can freely dispose only of the so-called disposable portion. When testamentary provisions or lifetime gifts made by the deceased encroach upon the statutory share, a violation of the heir's rights occurs. Within this legal framework, the primary tool for protection is the action for reduction. This legal procedure aims to render testamentary provisions or gifts detrimental to the statutory heir ineffective, allowing for the reinstatement of the legally due share. It is crucial to understand that the right to the statutory share is a strong right, which prevails over the testator's will if it exceeds the limits permitted by law.

The Bianucci Law Firm's Approach to Inheritance Disputes

The approach of Avv. Marco Bianucci, a lawyer specializing in inheritance law in Milan, is based on meticulous and strategic preliminary analysis. Before initiating any litigation, the Bianucci Law Firm reconstructs the entire inheritance estate, calculating the true value of the assets through the fictitious collation operation, which sums what remained at the time of the deceased's death (relictum) with what was gifted during their lifetime (donatum). This step is crucial for determining the precise extent of the infringement.

The firm's strategy prioritizes, where possible, the path of out-of-court settlement or mediation, in order to reduce the emotional time and costs for the client. However, if a satisfactory agreement cannot be reached, Avv. Marco Bianucci is prepared to defend the client's rights in court with firmness and expertise. The goal is always to ensure that the will of the law is respected and that the client receives what is rightfully theirs, through a clear and transparent process managed from the office at Via Alberto da Giussano, 26.

Frequently Asked Questions

Is it possible to completely disinherit a child?

According to Italian law, it is not possible to totally disinherit a child, except in very serious and specific cases of unworthiness to inherit as provided by the Civil Code. A child always has the right to their statutory share, which cannot be revoked by the parent's testamentary will.

Within what timeframe can one take action for infringement of the statutory share?

The action for reduction for infringement of the statutory share is subject to a statute of limitations of ten years. This period generally runs from the date of the opening of the succession or, in some specific cases, from the date of acceptance of the inheritance by the heir who benefited from the detrimental provisions.

How is it calculated if there has been an infringement of the statutory share?

To verify the existence of an infringement, fictitious collation must be performed. The value of the assets left at the time of death is calculated, hereditary debts are subtracted, and the value of lifetime gifts made by the deceased is added. Based on this, the shares due to the statutory heirs are calculated, and it is verified whether what they received is less than the legal minimum.

What happens if the deceased gave away everything during their lifetime?

Lifetime gifts are subject to reduction exactly like testamentary provisions. If the remaining estate at the time of death is insufficient to satisfy the statutory share, the aggrieved heir can take action against the donees, starting from the most recent gift and working backward to earlier ones until the share is reinstated.

Request a Case Evaluation

If you believe that the will or lifetime gifts have infringed upon your inheritance rights, it is essential to act with awareness and promptness. Avv. Marco Bianucci is available to analyze your specific situation and outline the most effective path for recovering your statutory share. Contact the Bianucci Law Firm to schedule an initial consultation at the Milan office and receive professional advice on your inheritance matter.