Practice area · Attorney Renato Giuseppe Fiorentino · Published October 3, 2026 · Updated October 15, 2026 · 2 min read
In 30 seconds. The law reserves a part of the estate to the closest family members, the forced heirs (legittimari): this is the forced heirship share (quota di legittima). A will or gift that reduces it is not void, but it can be “reduced” through an action for reduction. To know whether the forced share has been infringed, the estate has to be reconstructed, including gifts made during the deceased’s lifetime. Anyone who believes they have been excluded should act in good time: time limits matter.
Understanding who is entitled to what
- Forced heirship shares: who is entitled by law to a part of the estate
- Intestate succession: how the estate is divided
- The family home and the surviving spouse’s right of habitation
Working out whether the forced share was infringed
- How the forced share is calculated: relictum, donatum and fictitious reunion of the estate (Article 556 of the Italian Civil Code)
- Forced share and gifts: how to calculate what you are entitled to
- Gifts to children and collazione (hotchpot)
Defending your share
- Action for reduction: how to protect the forced heirship share
- An unfair inheritance: how to recover your share
- Simulated sale between relatives: how the heir defends themselves
- A legacy in place of the forced share
- Property received as a gift: what changes with the 2025 reform
Planning a succession without breaking the law
Anyone who wants to assign their assets without future disputes must know the limits: succession agreements (patti successori) are prohibited, while giving the house to the children affects the forced share.
Learn more
- How to renounce an inheritance
- Time limits for renouncing an inheritance
- Dividing an inheritance
These topics are covered in the legal guides.
How we follow your case
We collect the will, gift deeds and land registry searches, reconstruct the estate and assess, without promising any result, whether an agreement among the family members or a lawsuit makes more sense. The consultation takes place at the office or by video call, throughout Italy.
Book a consultation through the booking page, or write or call +39 347 5264190, also on WhatsApp.
Related guides
Accepting an inheritance; dividing an inheritance; how to challenge a will; a gift of an apartment in Chiaia: when it may infringe the other children’s forced share; a widower in the family home in Sant’Agnello: the surviving spouse’s right of habitation; a gift to the children with usufruct in Piano di Sorrento: what happens next. See also Inheritance and gifts.
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Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Updated on October 18, 2026.
Text prepared with the help of artificial intelligence tools, under the responsibility of Attorney Renato Giuseppe Fiorentino. General information, not legal advice.