Action for reduction: whom to sue when there is more than one beneficiary

Updated on 19 October 2026 (translation of the Italian original).

The problem

It often happens that the deceased made several gifts to different people, or gifts and a will together. The forced share is harmed, but who is “to blame”? Usually more than one person. Suing everyone is the most complete route, but it is not always compulsory.

What happens if you sue only some of them

The judge reduces only the provisions in favour of those who are in the case, and only for the part you need. The part of the shortfall due to beneficiaries you did not sue cannot be recovered from those you did sue. So, if the assets of those who were not sued were decisive, you risk being left with the shortfall uncovered.

The order still matters

Testamentary gifts are reduced first, then gifts (art. 555 Civil Code): see the guide on the order of reduction. For this reason, if you sue a donee, you cannot ask from them what should first be taken from the beneficiaries of the will.

Common cases

Common case described in general terms: names, places and details do not refer to real people or files.

Case 1. The nephew and the uncles. A grandfather leaves his grandchildren, by will, properties worth as much as their share. The other children, the grandchildren’s uncles and aunts, had received gifts during his life. The grandson sues only two of the uncles for reduction. He obtains something, but the judge limits the reduction to their part: the share of the other uncles does not count.

Case 2. Four gifts, one defendant. Over the years a mother made gifts to three children and a grandchild. The fourth child, who was excluded, decides to sue only the wealthiest brother. After the case he realises that this brother alone is not enough to cover the shortfall. Had he also sued the others, the result might have been different.

The best solution for you

• If the beneficiaries are few and solvent: it is usually best to sue them all in a single case: it is the most complete route.
• If only one person received almost everything: acting against that person alone may be enough, after a precise calculation.
• If family relations are still good: it is worth first proposing an agreement to everyone, even those you do not want to sue.

What to do now: list all the beneficiaries with dates and values. No route guarantees an outcome.

Frequently asked questions

Am I obliged to sue all the beneficiaries?

Not always, but suing only some limits what you can recover.

Can I act against someone who bought from the donee?

After the 2025 reform, for real estate usually not: see the guide on the money claim.

Can another forced heir be sued?

Yes, if that heir received more than their share. Ask your lawyer to check your case.

Sources: Normattiva (Italian official legal database), Civil Code arts. 554, 555, 563. 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.