Frequent case · A problem that often arises. Frequent case described in general terms: names, places and details do not refer to real persons or files.
The gift remains valid. But if, after the donor’s death, it turns out that it infringed the share reserved to the closest relatives, the other heirs can request reduction. It is better to think about it before giving, not after.
The case: the Chiaia home given to a single child
Mrs. Maria lives in an apartment in Chiaia. Out of gratitude she gives the home to the daughter who cares for her. When she dies, the brother discovers that the gift absorbed almost all of the estate and wonders whether he can do anything.
What usually happens
The law reserves a share of the estate to children, to the spouse and, if there are no children, to parents; this is called the reserved share (legittima). To calculate it, the assets left and the gifts made during life are added together. If the share turns out to be infringed, the heir can request reduction after the donor’s death. Particular rules and deadlines apply as against whoever bought the property from the donee, to be checked case by case.
For successions opened after 18 December 2025, a person who buys a property received as a gift, or registers a mortgage on it, no longer risks having to give it back: the reserved heir ordinarily has only a monetary remedy against the person who received the gift (art. 563 of the Civil Code, as amended by Law 182/2025).
The best solution for you
- Before giving: have the reserved share calculated and consider alternatives, such as a gift with reserved usufruct, a sale or a balanced will.
- After the gift: if everyone agrees, a written agreement between siblings with compensation.
- If you are the injured party: gather the documents, try negotiation, then mediation and only if needed a lawsuit.
What to do right away: obtain the deed of gift, the list of assets and the land registry searches. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- Calculate the reserved share from the documents.
- Structure the gift so as to reduce risks for everyone.
- Negotiate with the other heirs, and only then consider a lawsuit.
Frequently asked questions
Can I challenge the gift while the parent is alive? No: reduction is requested after the death.
Do old gifts count? In principle yes, even those made many years earlier.
Learn more: reserved share · inheritance and gifts in Naples.
Read also: Reserved shares: who is entitled by law to part of the inheritance · Giving the home to your children to protect it: the risks you need to know
(Read also): Legal guides from Studio Legale Fiorentino · Giving the home to your spouse: when it is worthwhile and what the risks are · Parents helping their child buy a home: loan or gift?
Author: Avv. Renato Giuseppe Fiorentino, Naples Bar · Updated on October 18, 2026 · General guidance text, written with the aid of artificial intelligence tools. It does not replace a consultation on your case.
Translated from the Italian original; updated on October 18, 2026.
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