In 30 seconds
- According to the article, planning the succession right away can avoid disputes among the children and long, costly lawsuits over the forced share.
- The instruments are the public will, the gift, the trust, the fiduciary arrangement and the family pact; the choice varies according to the composition of the estate.
- Forced heirs who have been left out may ask for the reduction of the prejudicial provisions (Art. 553 et seq. of the Civil Code, c.c.).
Updated on October 15, 2026.
Planning your succession right away can avoid disputes among the children.
It is never too late to decide what to do with your assets after death.
In our legal system the inheritance passes to the heirs by law (intestate succession) or by will (testamentary succession).
It passes by law when the deceased has left no will.
Planning the succession in time with a will allows the testator to fulfil certain wishes.
It also allows the heirs to avoid long and costly disputes. Often these disputes serve to establish whether the provisions of the will are valid and whether they have infringed the forced share.
It may happen that the testator leaves all his assets only to some of the forced co-heirs. The other forced co-heirs, called those left out, can challenge the provision that infringes their forced share.
They can also ask for the reduction of the provisions (gifts and testamentary provisions) that infringe their reserved share.
The action for reduction is provided for by Art. 553 et seq. of the Civil Code. It is the remedy the law gives to forced co-heirs to protect their right to the forced share.
Many instruments can be used to plan a succession. The choice depends on how the estate is made up.
The first instrument is the public will.
One can then turn to other institutions, which regulate the succession or anticipate it: the gift, the trust, the fiduciary arrangement, the family pact.
The public will is the deed received by the notary. With this deed the testator disposes of all his assets, or part of them, for the time when he will be dead.
The will can be secret and kept at the notary’s office. The notary takes care of its publication when he learns of the testator’s death.
The gift is the contract by which the donor, solely out of a spirit of liberality, enriches the donee by granting him a right.
The gift is an exclusively gratuitous act. It serves to give an asset to relatives or friends, without receiving or demanding any consideration, out of pure liberality.
The Trust is a legal institution born in England and the United States. For over ten years it has also been used in Italy, including for successions.
In the Trust the settlor (the owner of the assets) transfers to the Trustee all his assets or part of them.
The Trustee administers the assets in the interest of one or more beneficiaries, chosen by the settlor.
When he transfers the assets into Trust, the settlor loses the material and legal possession of the assets and loses every right over them.
The Trust has a succession function. It often also serves to separate the assets from the rest of the estate.
Once transferred to the Trustee, the assets can no longer be attacked by the settlor’s creditors.
The Trust can be established in Italy by any citizen or foreigner.
The Family Pact is an institution introduced in 2006. With this pact the owner of a business transfers all or part of his assets in advance to all the heirs or to some of them. The assets can be the business, a branch of the business, shareholdings and more.
The aim is to ensure that the business continues to be managed and to reduce family disputes.
The heirs who receive the business under the family pact must guarantee business continuity. They do not pay gift tax if they continue the activity for at least 5 years.
The heirs who do not receive the business are entitled to a payout. It is calculated on the value of the assets assigned under the family pact.
The payout can also be paid with special shares and minority holdings with particular rights.
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Main page on the subject: Inheritance and gifts in Naples: all the guides and how to contact the firm →
The route that usually works best
The possible routes
- The public will, received by the notary.
- The gift.
- The trust or the fiduciary arrangement.
- The family pact, if there is a business.
Which usually works best and why
It depends on the case. The article says that the choice varies according to the composition of the estate. Usually one starts from the public will, which allows you to state your wishes. For a business the family pact may be useful. Planning in time helps the heirs avoid long and costly disputes over the forced share.
What to do right away
- Make a list of the whole estate: assets, business, shareholdings.
- Think about which heirs are forced heirs, because they are entitled to a reserved share.
- Have a lawyer or a notary explain the instruments suited to your estate.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
Some general advice:
- If you attribute all assets only to some forced heirs, the others can ask for reduction: take this into account.
- With a secret will, the notary takes care of its publication upon learning of the death.
- For a family business, consider calmly the effects of the family pact on the heirs who are not assigned the business.
The Firm also offers remote consultations, with documents sent online, and a written quote before the engagement. There are offices in Naples, Rome and Bari, by appointment.
Frequently asked questions
Why plan the succession?
According to the article, to avoid disputes among the children and long, costly lawsuits over the validity of the provisions and the infringement of the forced share.
Which instruments can be used?
According to the article, the public will, the gift, the trust, the fiduciary arrangement and the family pact; the choice varies according to the composition of the estate.
What can the excluded heirs do?
According to the article, forced heirs who have been left out can challenge the provisions that infringe the forced share and ask for their reduction (Art. 553 et seq. c.c.).
What is the family pact?
According to the article, it is the institution introduced in 2006 by which the owner of a business transfers it in whole or in part to one or more heirs; the assignees do not pay gift tax if they continue the activity for at least 5 years. Each case must be assessed on the documents.
Read also: Inheritance with debts in Vomero: how to accept with benefit of inventory · Gift of the apartment in Chiaia: when it can infringe the forced share of the other children · House co-owned by brothers in Posillipo: how to divide it without quarrelling · Holographic will found in Fuorigrotta: what to do after the discovery · Deceased’s bank account in Sanità: how to unblock it without risks
Sources: Civil Code, Art. 553 et seq. and the rules on wills, gifts and the family pact (Normattiva). Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for an opinion on your case. Drafted with the help of artificial intelligence tools and reviewed by the firm.
Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · Gifts in Naples: risks, forced heirship and how to protect yourself when giving or receiving a home · Home received as a gift: sale and mortgage after the 2025 reform
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