Under Italian law one cannot freely dispose of one’s entire estate. A part is reserved by law to certain close relatives, the forced heirs, who are entitled to receive it even if the will or the gifts made during life say otherwise.
In 30 seconds
Knowing the reserved shares is useful both for those who want to plan their succession and for those who believe they have been excluded or penalized. In both cases a complete reconstruction of the estate and of the gifts is needed.
To remember
two or more children
spouse and two or more children
Legal and case-law references
Who the forced heirs are
According to Art. 536 c.c. the forced heirs are:
- the spouse (or the party to a civil union);
- the children and, in their place, the descendants;
- the ascendants, that is the parents, but only if the deceased has no children.
Brothers and sisters are not forced heirs: they may inherit if there is no will, but they have no reserved share.
The reserved shares
The main combinations (Arts. 537-544 c.c.):
only the spouse
spouse and one child
spouse and two or more children
only ascendants
spouse and ascendants
What remains is the disposable portion, which can be freely disposed of by will or by gift.
Do you have a similar case? You can submit your documents to the Firm for an assessment.
Request a consultationThe spouse’s right of habitation
In addition to the share, the spouse is entitled to the right of habitation over the house used as the family residence and to the use of the furniture that furnishes it, if owned by the deceased or jointly owned (Art. 540, paragraph 2, c.c.).
How it is calculated
The shares are not calculated only on the assets present at the time of death. A “notional reunion” is made (Art. 556 c.c.): the assets left are added up, the debts are deducted and the value of the gifts made during life is added. On this total it is determined whether the forced heirs have received what is due to them.
If the share is not respected
The forced heir whose share has been infringed may bring an action for reduction, which we discuss in a dedicated article. Without this action, the will and the gifts remain effective.
Frequently asked questions
QIn brief, what should you know about: reserved shares?
AKnowing the reserved shares is useful both for those who want to plan their succession and for those who believe they have been excluded or penalized. In both cases a complete reconstruction of the estate and of the gifts is needed.
Related guides
Division of the estate: the complete guide →All guides: Inheritance and gifts →
In summary
Knowing the reserved shares is useful both for those who want to plan their succession and for those who believe they have been excluded or penalized. In both cases a complete reconstruction of the estate and of the gifts is needed.
Do you have a similar issue?
Each situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call from your computer. Offices in Naples, Rome and Bari.
Official sources
Informational content updated on September 26, 2026. It does not constitute legal advice.
Main page on the subject: Inheritance and gifts in Naples: all the guides and how to contact the firm →
The route that usually works best
The possible routes
- If you have not received your share: check whether you are a forced heir and calculate the infringement.
- If there is an infringement: enforce your rights through the action for reduction.
- If you are planning your succession: take the reserved shares into account in advance.
Which usually works best and why
It depends on the case. The first step is to understand whether you are a forced heir and which share is due to you. Then the estate must be reconstructed, including the gifts made during life, to check whether the reserved share has been respected. Without the action for reduction, the will and the gifts remain effective.
What to do right away
- Identify the forced heirs: spouse, children and, if there are no children, parents.
- List the assets left, the debts and the gifts made during life.
- Compare what you received with the reserved share.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- Brothers and sisters are not forced heirs: they may inherit without a will but have no reserved share.
- The shares are not calculated only on the assets present at death: gifts made during life also count.
- The spouse is entitled, in addition to the share, to the right of habitation over the family home and the use of the furniture.
The Firm also offers remote consultations, with documents sent online, and gives you a written quote before the engagement. I see clients by appointment in Naples, Rome and Bari.
Read also
- Action for reduction: how to protect the reserved share
- Acceptance of the inheritance with benefit of inventory: when it is worthwhile
- Inheritance tax return: deadlines, exemptions and taxes
Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · Inheritance succession: the rights of statutory heirs and the shares · Wills in Naples: how to make one, when it is valid and how to defend yourself if you want to challenge it