The Court of Cassation and Successions: Commentary on Judgment No. 28666/2024

Judgment No. 28666 of 2024 by the Court of Cassation offers an important reflection on the dynamics related to the acceptance of inheritance and the division of assets in the event of succession. In particular, the case analyzed concerns two brothers, A.A. and B.B., involved in a dispute for the dissolution of an inherited co-ownership relating to a property. This decision provides relevant insights for understanding the legal implications of intestate succession and the rights of heirs.

The Context of the Judgment

A.A. had initiated legal action to obtain the dissolution of the inherited co-ownership, claiming to be the sole heir of their mother, who passed away in 2007. The central issue was whether B.B. had tacitly accepted the inheritance, which would have resulted in an equal division of the property. The Court of Appeal of Palermo, partially amending the first-instance judgment, had also recognized B.B. as an heir, establishing that both were co-owners of the property in equal shares of 1/2 each.

The issue of acceptance of inheritance and its implication on the quality of heir are central to succession proceedings.

The Court's Main Considerations

• The Court ruled that the *actio interrogatoria*, provided for by art. 481 of the Italian Civil Code, is not aimed at resolving conflicts of rights, but at verifying the intention to accept by the called heir.
• It was clarified that the quality of heir is not precluded by the mere waiting for a declaration of acceptance, but can also derive from acts of possession of inherited assets, as provided for by art. 485 of the Italian Civil Code.
• The Court also highlighted that the division of abusive inherited assets must comply with building regulations and cannot disregard the regularity of the acts.

Conclusions

Judgment No. 28666/2024 by the Court of Cassation is part of a line of case law of fundamental importance for succession law. It emphasizes how the quality of heir can be acquired even through the possession of assets, without the need for formal acceptance. Furthermore, it highlights the importance of building regularity in the context of dividing inherited assets. These principles represent a useful reference for legal professionals and for those who find themselves managing similar situations.