- For successions opened after 18 December 2025, reduction of the gift does not harm third parties to whom the donee sold the property (art. 563 of the Italian Civil Code).
- The donee must, however, compensate the forced heirs in money, within the limits needed to make up their share.
- Mortgages and other encumbrances created by the donee remain effective (art. 561 Civil Code).
Updated on 19 October 2026 (translation of the Italian original).
What has changed
Law no. 182 of 2 December 2025 (art. 44), in force since 18 December 2025, amended arts. 561, 562, 563, 2652 and 2690 of the Civil Code. Before, the forced heir could in some cases recover the property even from someone who had bought it from the donee. Today, unless the claim for reduction has been registered (art. 2652 no. 1 Civil Code), the buyer does not lose the property.
The money claim
The harmed forced heir is not left without protection: the donee must compensate them in money, within the limits needed to make up the reserved share. If the donee is wholly or partly insolvent, whoever received the asset free of charge from the donee must compensate the forced heirs within the limits of the benefit obtained (art. 563 Civil Code).
When it applies
The new rules apply to successions opened after 18 December 2025. For earlier successions the old text remained, subject to certain conditions of notification and registration within six months. That window closed on 18 June 2026. For all the details see the guide on buying a gifted home.
Common cases
Common case described in general terms: names, places and details do not refer to real people or files.
Case 1. The house sold by the donee. A mother gives the house to her eldest son. The son sells it to a couple and then the mother dies. The brother, whose share is harmed, asks for reduction. The couple who bought do not lose the house. The brother can, however, ask the donee for the sum needed to cover his share.
Case 2. The house with a mortgage. A father gives an apartment to his daughter. The daughter mortgages it for a loan. When the father dies, the other children ask for reduction. The mortgage remains valid and the bank does not lose its security. The daughter must, however, compensate the other children in money for the lower value of the asset, within the limits needed.
The best solution for you
- If you received a gift: before selling or mortgaging, work out how much you might have to pay the forced heirs: it is usually best to do so with an up-to-date valuation of the asset.
- If you are the harmed forced heir: the most practical route is to ask the donee to pay the difference; if properties are still in the donee’s hands, assess registration of the claim.
- If you want to buy a gifted house: check whether the donor’s succession is already open and whether any claims have been registered: the risk is now much lower, but the check remains useful.
What to do now: put together the gift deed, land registry searches and dates. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- Estimates with you the donee’s money exposure towards the forced heirs.
- Checks registrations, mortgages and the dates of the succession.
- Prepares the payment request, the mediation and the lawsuit.
Frequently asked questions
Does someone who buys a gifted house risk losing it?
As a rule no, for successions opened after 18 December 2025 (art. 563 Civil Code), unless a claim for reduction has been registered.
Does the forced heir lose protection?
No: the forced heir has a money claim against the donee.
What happens if the donee has no money?
If the donee is insolvent, whoever received the asset free of charge from the donee must compensate within the limits of the benefit obtained (art. 563 Civil Code).
Have you received or made a gift of a house?
The firm receives clients by appointment in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, and remotely. The first consultation is held by appointment; a written fee quotation is given to you before any engagement (Law 124/2017).
Read also
Buying a gifted home: Law 182/2025 and the checks to make
Gifted property: sale and mortgage after the 2025 reform
Whom to sue when there is more than one beneficiary
Sources: Law of 2 December 2025, no. 182, art. 44 (Normattiva, in Italian), Civil Code arts. 561-563, 2652. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. This text was written with the help of artificial intelligence and checked by the author.
Main page on this subject: Lawyer for inheritance matters in Naples and Campania: all guides and how to contact the firm →
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.