Action for reduction (forced heirship): how long do you have to sue?

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

The ordinary time limit

Unless the law provides otherwise, rights are extinguished by limitation after ten years (art. 2946 Civil Code). The period is interrupted by serving the document that starts a lawsuit (art. 2943 Civil Code): after the interruption the time starts again from zero.

When does the clock start?

It depends on what harms the forced share. If the harm comes from a gift, the ten years run from the opening of the succession. If it comes from a will, they usually run from the acceptance of the inheritance by the named heir: anyone who wants to speed things up can ask the court to set a deadline for the heir to accept (art. 481 Civil Code). Because the date of acceptance is not always certain, it is better to count from the date of death and move early. See also the guide on forced heirs and reserved shares.

Registration and the three years

The claim for reduction of gifts and of testamentary provisions is registered in the land registers (art. 2652 Civil Code, nos. 1 and 8). For testamentary provisions, if registration takes place more than three years after the succession opened, the judgment that upholds the claim does not harm third parties who acquired for value from the heir or legatee. For gifts, after the 2025 reform, 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. “Let things calm down”. Two sisters discover, when their father dies, that a house was put in their brother’s name. They decide not to act, so as not to damage the family relationship. Years pass. When they want to move, much of the time has gone and the brother has already sold. Whoever waits risks that the time limit expires or that the assets pass to third parties.

Case 2. The will found late. Years after their mother’s death, a son finds in a drawer a will that excludes him. First of all he works out from when the time limit runs and whether any act has interrupted it. A quick analysis avoids discovering the problem when it is too late.

The best solution for you

• If the death is recent: it is usually best to move at once, with a written request to the other heirs and mediation, without waiting for the last years.
• If many years have passed: do not treat the matter as lost, but have dates and documents checked right away: it depends on when the inheritance was accepted and on any acts that interrupted the period.
• If real estate is involved: discuss registration of the claim with your lawyer: it protects against later transfers.

What to do now: write down the date of death, the date of acceptance and the date on which you discovered the harm. No route guarantees an outcome.

Frequently asked questions

After ten years, is it always too late?

The ordinary limit is ten years (art. 2946 Civil Code), but the date from which it runs and the acts that interrupt it change the count. Have your case reviewed.

Does mediation stop the clock?

Do not take the effect for granted: to interrupt the period you need an act provided for by law. Ask your lawyer which one.

Do I have to register the claim?

When real estate is involved, it is a step to assess immediately (art. 2652 Civil Code).

Sources: Normattiva (Italian official legal database), Civil Code arts. 481, 2652, 2943, 2946. 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.