The Forced Heirship In Italy

Following our recent articles on wills and inheritances, which generated a lot of interest, we return to a topic that often affects families who own property in Italy: donating a property to only some of the children.

At first glance, this can seem like a simple family agreement—but in Italy it can create serious legal issues years later. Consider this example. Julia, an Italian-Canadian living in Toronto, is married to Robert, also Italian-Canadian. They own a house in Italy and another property in Canada. Together they have two sons, while Robert has a daughter from a previous marriage.

Over time, the family has come to believe that the sons are not interested in the Italian house and don’t want the responsibility, while Robert’s daughter would like to keep it. Julia also feels she is paying expenses for a property that brings no real benefit to her or her sons. The solution seems logical: donate the Italian house to the daughter now, so everyone can move on.

While this may appear practical and fair, in Italy donations are not just private family choices. Italian law includes a system of forced heirship (“legittima”), which protects the rights of certain heirs, especially children and spouses. Even if everyone agrees today, a donation can be challenged later if it reduces the forced share that other heirs are legally entitled to receive.

This raises an important question: what happens if, after both parents pass away, the sons change their minds? Depending on the value of all assets involved, they may still be able to challenge the donation in Italy, even years later. Many foreign families are surprised by this, assuming that verbal agreements or long-standing understandings are enough. In Italy, they often are not.

What seems fair today can feel different tomorrow as relationships, finances, and circumstances change. A donation intended to simplify matters can later lead to disputes between siblings.
This doesn’t mean property donations are always wrong, but they must be handled carefully. Before deciding, it’s essential to look at the full picture: assets in Italy and abroad, separate and joint property, and how the donation affects the future inheritance as a whole. The real cost of a donation is often not the notary fee, but the risk of conflict and litigation later on.

This article is for general informational purposes only and does not constitute legal advice. It is not exhaustive and is intended as general guidance only.

If you are considering donating property in Italy, especially in a blended family situation, and you want to make sure the plan is legally safe and doesn’t create future disputes, do not hesitate to get in touch.

In collaboration with Antonio Strangio, expert in International Wills and Testaments.

Barbara De Benedittis Relocation and Legal in Italy