Under Italian law you cannot freely leave all your assets by will. A part of the estate, called legittima (reserved share), belongs by law to the spouse, the children and, only if there are no children, the parents. If a will or gifts made during the deceased’s lifetime reduce that share, the protected heir can claim it back with an action in reduction (azione di riduzione), as a rule within ten years.
From the firm’s practice
In the firm’s work on successions, the reserved share most often becomes an issue when a parent has already given a house or money to one child during their lifetime. Before discussing any claim, the firm rebuilds the whole picture: assets left at death, debts, and every earlier gift, starting from notarial deeds and bank records.
In 30 seconds
Forced heirs in Italy are the spouse (or civil partner), the children and, failing children, the parents. Brothers and sisters are not. The reserved shares range from one third to two thirds of the estate, depending on who survives. Lifetime gifts are added back when the shares are calculated. A will that ignores the reserved share is not void: it can be reduced at the request of the forced heir.
Legal references
Who are the forced heirs under Italian law?
Article 536 of the Italian Civil Code lists the people to whom the law reserves part of the estate (legittimari):
Brothers and sisters are not forced heirs. They may inherit when there is no will, but a will can leave them nothing.
How large are the reserved shares?
The shares depend on which forced heirs survive (arts. 537-544 Civil Code). The rest of the estate is the disposable portion, which can be left to anyone.
| Who survives | Reserved share |
|---|---|
| Spouse only | One half to the spouse |
| One child, no spouse | One half to the child |
| Two or more children, no spouse | Two thirds, shared equally among the children |
| Spouse and one child | One third to the spouse, one third to the child |
| Spouse and two or more children | One quarter to the spouse, one half shared among the children |
| Parents only (no spouse, no children) | One third to the parents |
| Spouse and parents (no children) | One half to the spouse, one quarter to the parents |
The family home
On top of the reserved share, the surviving spouse has the right to live in the family residence and to use its furniture, if they belonged to the deceased or to both spouses (art. 540, para. 2, Civil Code).
Facing a similar situation? You can send your documents to the firm for an assessment, also from abroad.
Request a consultationAre lifetime gifts taken into account?
Yes. The reserved shares are not calculated only on what is left at death. Under art. 556 Civil Code the estate is rebuilt on paper: the value of the assets left at death, minus the debts, plus the value of the gifts made during the deceased’s lifetime. The shares are then measured on that total.
This is why a parent who gave a house to one child years ago may, at death, leave the other children with a claim, even if the will treats everyone equally.
What can a forced heir do if the share is not respected?
The remedy is the action in reduction (arts. 553-564 Civil Code). It does not cancel the will or the gifts: it makes them ineffective towards the forced heir to the extent needed to restore the reserved share.
What changed in 2025 for gifted property?
Law no. 182 of 2 December 2025 (art. 44) amended articles 561 and 563 of the Civil Code, with effect from 18 December 2025. In short:
- the reduction of a gift no longer affects third parties who bought the property from the person who received it as a gift;
- mortgages and other charges created by the donee remain valid;
- the forced heir is protected with a claim for money against the donee, within the limits needed to restore the reserved share.
The new rules apply to successions opened from 18 December 2025. For earlier successions, the old rules survive only where a claim in reduction or a formal opposition had been served and registered by 18 June 2026.
Can forced heirship be avoided?
Not by agreement during the lifetime of the person concerned: Italian law prohibits agreements on a future succession, including a child’s waiver of their future share (art. 458 Civil Code).
In cross-border families another question arises. Under the EU Succession Regulation, the succession is governed as a rule by the law of the State of habitual residence at death, but a person may choose the law of the State whose nationality they hold (Reg. (EU) 650/2012, arts. 21 and 22). Whether such a choice affects Italian reserved shares in a given case is a delicate point that must be assessed on the facts and the documents.
Frequently asked questions
QCan I disinherit a child in Italy?
AA will can leave a child less than the reserved share, or nothing, but the child can claim the reserved share back with the action in reduction. Children lose their rights only in narrow cases, such as unworthiness to inherit declared under the Civil Code.
QIs a will that ignores the reserved share void?
ANo. The will remains valid. It can be reduced at the request of the forced heir, within the time limit, and only to the extent needed to restore the reserved share.
QAre brothers and sisters protected?
ANo. Siblings inherit only when there is no will and no closer relatives, or when the will names them. They have no reserved share.
QHow long does a forced heir have to act?
AAs a rule ten years. For gifts and wills the starting point can differ, so the dates should be checked early, together with any acceptance of the inheritance.
Related guides
In short
Italian law reserves a share of every estate to the spouse, the children and, without children, the parents. Lifetime gifts count in the calculation. A will that ignores these shares stays valid but can be reduced, as a rule within ten years. Since December 2025 buyers of gifted property are protected, and the forced heir obtains money from the donee instead.
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You do not need to travel to Italy: consultations also take place remotely, with documents sent online, by phone, WhatsApp or video call. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace a certified translation. In-person meetings by appointment in Naples, Rome and Bari.
Official sources
- Italian Civil Code, art. 536 and following (Normattiva)
- Italian Civil Code, art. 540 (Normattiva)
- Italian Civil Code, art. 556 (Normattiva)
- Italian Civil Code, art. 458 (Normattiva)
- Law no. 182 of 2 December 2025 (Normattiva)
- Legislative Decree 28/2010, art. 5 – mediation (Normattiva)
- Regulation (EU) No 650/2012 (EUR-Lex)
Information updated on October 5, 2026. This is general information, not legal advice.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 5, 2026.