- For reduction, which is a dispute on inheritance matters, mediation is as a rule required before the lawsuit (art. 5, Legislative Decree 28/2010).
- When real estate is involved, the claim must be registered in the land registers (art. 2652 of the Italian Civil Code).
- First of all you need the calculation of the shortfall and an orderly list of documents.
Updated on 19 October 2026 (translation of the Italian original).
The steps, in order
- The calculation. Assets, debts, gifts, disposable portion and reserved share: the Italian guide explains how to tell whether there is a shortfall; see also forced heirs and reserved shares.
- The condition of art. 564. Check whether in your case acceptance with the benefit of inventory is needed (art. 564 Civil Code); ask your lawyer.
- The written request. A clear letter to the other heirs, with the calculation and a proposal for an agreement.
- Mediation. Reduction falls among the disputes on inheritance matters: as a rule mediation is a required step before the lawsuit (art. 5 Legislative Decree 28/2010). Whether the obligation applies to actions for nullity, revocation or simulation of a gift alone must be checked case by case.
- Registration. If there is real estate, the claim is registered (art. 2652 Civil Code): it protects against later transfers. See also the time limits.
- The lawsuit. It is brought if mediation does not lead to an agreement: expert valuations of the assets and a decision.
What to prepare
- The will, gift deeds, land registry searches and valuations.
- Bank statements, if there are indirect gifts.
- A list of all the heirs and beneficiaries, with addresses.
Common cases
Common case described in general terms: names, places and details do not refer to real people or files.
Case 1. Three brothers and a house. The father leaves the house to one of his three children. The other two, after a calculation, ask for compensation. In mediation an agreement is found: the brother who keeps the house pays an equalisation sum in instalments and puts it in writing. The lawsuit never starts.
Case 2. Failed mediation. A daughter asks for reduction of a gift to her brother. In mediation the brother does not attend or does not accept. The daughter has the claim registered against the property and continues with the lawsuit. An early technical valuation helps to discuss figures rather than impressions.
The best solution for you
- If relations are still good: it is usually best to go to mediation with a clear calculation and a concrete proposal: it often ends sooner and at lower cost.
- If the other side does not cooperate: prepare registration and the lawsuit at once, without waiting for the last useful months.
- If the assets are not real estate: concentrate the work on evidence: bank statements, expert reports and witnesses.
What to do now: do the calculation, note the dates and gather the documents. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- Prepares the calculation, the letter to the heirs and the mediation application.
- Assists you in mediation and drafts any agreement.
- Assesses registration and follows the lawsuit if there is no agreement.
Frequently asked questions
Is mediation really compulsory?
For reduction, as a rule yes (art. 5 Legislative Decree 28/2010). Always check your own case.
How long does a reduction case take?
It depends on the court, the number of parties and the expert reports. No certain time can be given.
Can I reach an agreement during the case too?
Yes, at any time, with a written agreement between all the parties.
Do you need to start a mediation or a reduction case?
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
Whom to sue when there is more than one beneficiary
Action for reduction: how long do you have to sue?
Gift harming the reserved share after the reform: a money claim
Division of inheritance: how it works, also for the family home
Sources: Normattiva (Italian official legal database), Civil Code arts. 564, 2652; Legislative Decree 28/2010, art. 5. 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 →
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