Cristiana Felisi writes for We Wealth, considering circumstances where the right to reduce inheritance applies

Writing for We Wealth, Private Client Partner Cristiana Felisi, examines the circumstances in which forced heirs (legittimari) may bring an action for reduction, in the case where gifts or testamentary dispositions infringe their reserved share under Italian law. 

The article outlines the key procedural requirements set out in Article 564 of the Italian Civil Code and the limits developed by recent case law, and explains that, as a general rule, a forced heir who is also an heir must accept the inheritance with benefit of inventory before seeking the reduction of gifts or legacies made in favour of third parties. 

This requirement, reaffirmed by the Italian Supreme Court, is intended to protect donees and legatees external to the estate by ensuring a formal assessment of the estate’s value. An important exception applies, however, where the forced heir has been entirely pretermitted, including cases in which the deceased disposed of their entire estate through lifetime gifts.

The article also considers the rules on imputing prior gifts and legacies to the forced heir’s reserved share, clarifying that this is a matter of calculation rather than a condition of admissibility of the claim. Recent decisions have further eased the evidential burden on claimants, allowing the size of the estate and any infringement to be established through presumptions or expert evidence. The action for reduction remains subject to a ten‑year limitation period running from the opening of the succession.

Read the full article in We Wealth here.