Reduction: the will is cut first, then the gifts

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

The rule in one sentence

Gifts whose value exceeds the disposable portion are subject to reduction down to that portion. But “they are not reduced until the value of the assets disposed of by will has been used up” (art. 555 Civil Code). For wills, art. 554 applies: provisions that exceed the disposable portion are reduced within the limits of that portion.

Why it matters

The law protects someone who already received an asset during the donor’s life more than someone who receives it at death: a gift is a completed act and is often already used, sold or mortgaged. That is why the starting point is the will, which takes effect only at death.

If there is more than one gift

Under art. 559 Civil Code, “gifts are reduced starting from the last one and going back to the earlier ones”. You start from the most recent and work backwards, only for the part needed to cover the shortfall. Among several testamentary gifts, instead, reduction is proportional, without distinguishing between heirs and legatees (art. 558 Civil Code), unless the testator indicated a provision to be preferred. With several donees, work out the full calculation before deciding whom to sue: see the guide on whom to sue.

Common cases

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

Case 1. A will and a gift to the same child. A father gives an apartment to his eldest son. In his will he leaves the rest, a small shop and the bank account, to his daughter. At his death, a third child, who was excluded, believes his share has been harmed. Before touching the gift to the elder brother, one checks whether the testamentary gift to the sister can be reduced. If the shop and the account are enough to cover the shortfall, the apartment that was given stays out of the reduction.

Case 2. The “empty” will. A mother gives almost everything to her youngest son during her life and writes in her will that the rest goes to the two older children. The rest, however, is worth very little. The two older children find that the will does not cover their reserved share. Only then can reduction of the gift be requested as well, within the limit of what is missing.

The best solution for you

• If you are the harmed forced heir: first take stock of what the will gave. It is usually best to ask first for reduction of the testamentary gifts and, only for the missing part, of the gifts.
• If you received a gift: check whether the will still has assets that can be reduced: that protects your gift.
• If you are planning ahead: it is usually best to put in writing the value of the gifts already made, so that will and gifts together stay within the disposable portion.

What to do now: put in order the dates and values of the gifts and the text of the will. No route guarantees an outcome.

Frequently asked questions

Can gifts be reduced without touching the will?

As a rule no: first the value of the assets left by will is used up (art. 555 Civil Code).

Is a gift safe if it was made many years ago?

Not for that reason. What counts is the calculation against the disposable portion. For time limits see the guide on how long you have to sue.

Does anything change after the 2025 reform?

What changes is the protection of someone who buys a gifted property, not the order of reduction. See the guide on buying a gifted home.

Sources: Normattiva (Italian official legal database), Civil Code arts. 554, 555, 558, 559. 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.