Gifts · Practice area
Gifts in Naples: advice from an attorney
Attorney Renato Giuseppe Fiorentino, a civil law attorney with 25 years of experience, assists with gifts of houses, land, money and shares. The firm receives clients in Naples, at Piazza Giovanni Bovio 22 and Via Monte di Dio 14, and by video call from anywhere in Italy and abroad. The quote is written and arrives before engagement.
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For individuals and businesses · Naples (Piazza G. Bovio 22 and Via Monte di Dio 14), Rome and Bari · consultations also by video call · Updated October 18, 2026
In 30 seconds
A gift is a decision that lasts. It can affect the heirs’ forced heirship share (quota di legittima) and family relationships. Under the 2025 reform, a house received as a gift can be sold and mortgaged: the buyer and the bank are protected. If you want to make a gift, or if you have received or been affected by a gift, you need advice before signing.
When you need a lawyer for a gift
- You want to give a house or land to a child, a spouse or a grandchild.
- You have received a gift and want to sell it or use it for a mortgage, and you want to know what you might have to pay to the other heirs.
- A relative has given almost everything to one person and you fear for your forced share.
- You want to know whether a gift can be revoked.
- You have to divide an inheritance and there are gifts to be counted.
How a gift is made
A gift is the contract by which one person, out of a spirit of generosity, enriches another. For things of value, a public deed before a notary is needed, with two witnesses. Without this form the deed is void. For gifts of modest value, handing over the item is usually enough.
Before signing, it is wise to check three things: where the property comes from, any forced heirs, and the real purpose of the gift. Sometimes another route, such as a sale, a family pact (patto di famiglia) or a will, is more suitable.
Gifts and the forced heirship share
The law reserves part of the estate to children, the spouse and, in certain cases, parents. This is the forced heirship share (quota di legittima; see Forced heirship share). If a gift infringes it, the excluded heir can ask for the gift to be reduced after the succession opens.
For this reason, a donor must know that the deed can be challenged years later. A recipient must know that, if the gift infringes another heir’s share, they may have to pay the difference in cash.
Gifts, sale and mortgage after the 2025 reform
Law No. 182 of 2025 (Article 44), in force since December 18, 2025, changed Articles 561, 562 and 563 of the Italian Civil Code. Today, reduction of the gift does not harm someone who bought the property from the donee. The bank’s mortgage also remains valid.
The injured heir can no longer take the house back from the buyer: they are entitled to monetary compensation, paid by the donee. The twenty-year period and the notice of opposition no longer exist in the new Article 563. Before the deed is signed, the notary only checks that no claim for reduction has been registered. See the guide on a house received as a gift, sale and mortgage after the reform in the legal guides.
Revocation of a gift
As a rule, a gift cannot be taken back. The law allows it only in limited cases, such as serious ingratitude by the recipient or the birth of a child to the donor. The time limits are short: if you think you are in this situation, ask for advice at once.
Gifts and the division of the estate
When the succession opens, gifts made to children and the spouse are normally taken into account in the division. This is collazione (hotchpot). If siblings do not agree, a well-prepared division of the inheritance is needed.
How Attorney Fiorentino can assist you
- A written opinion before the gift, with the risks for you and for the heirs.
- Review of the notary’s deed and of where the property comes from.
- An estimate of what the donee might have to pay the other heirs before selling.
- Defense of someone affected by a gift that infringes the forced share.
- Assistance in a revocation or a challenge.
Learn more
Inheritance and gifts · House received as a gift: sale and mortgage after the reform · Forced heirship share · Dividing an inheritance · Accepting an inheritance · How to renounce an inheritance
Speak with the firm
Write on WhatsApp · Call +39 347 5264190 · Book a video call
Offices
Naples, Piazza Giovanni Bovio 22, 80133 (main office); Naples, Via Monte di Dio 14, 80132; Rome, Via Giorgio Ribotta 21, 00144; Bari, Corso Giuseppe Mazzini 61, 70123.
This page is general information and does not replace advice on your case. No promise about the outcome. Source: Law of December 2, 2025, No. 182, Article 44 (Normattiva, in Italian).
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.