Simulation in Contracts and Reduction of Donations: Cassation No. 19010/2024

The recent ordinance of the Supreme Court of Cassation No. 19010 of July 11, 2024, offers important insights into the complex matter of donations and contract simulation. In particular, the decision focuses on the protection of the rights of disinherited forced heirs, clarifying certain aspects relating to the acceptance of inheritance and the possibility of taking action for the reduction of donations.

The Case and the Court of Appeal's Decision

In the specific case, B.B., C.C., D.D., and E.E., legal heirs of F.F., challenged the validity of sale and purchase agreements entered into by the deceased in favor of his nephew A.A., arguing that they were in reality disguised donations. The Court of Appeal of Caltanissetta, upholding the appeal, had declared the simulation of the agreements and ordered the reduction of the donations. However, A.A. objected, arguing that the action for reduction was inadmissible due to the plaintiffs' failure to accept the inheritance with benefit of inventory.

The Court reiterated that a disinherited forced heir can exercise the action for reduction without having to accept the inheritance with benefit of inventory, provided that they prove they were totally disinherited.

Legal Principles Established by the Cassation Court

The Cassation Court accepted the first ground of appeal, stating that the obligation to accept the inheritance with benefit of inventory does not apply to totally disinherited forced heirs. In particular, the Court referred to previous case law which establishes that:

• A disinherited forced heir acquires succession rights only after having exercised actions for reduction or annulment of the will.
• Total pretermission can occur in both testamentary and intestate succession.
• Actions for simulation can be brought by disinherited forced heirs without the need to accept the inheritance with benefit of inventory.

The Court further emphasized that, in order to take action for reduction, the plaintiffs would have had to prove their condition of pretermission, but it was not necessary for them to have proven the existence of assets in the estate.

Conclusions

Judgment No. 19010/2024 of the Cassation Court represents an important step forward in the protection of the rights of disinherited forced heirs, clarifying that the simulation of agreements disguising donations can be challenged even without the acceptance of the inheritance with benefit of inventory. This decision offers important protection to those in situations of pretermission, guaranteeing the possibility of reintegrating the forced share without burdensome procedural conditions. However, it remains fundamental for forced heirs to demonstrate their position of pretermission in order to assert their rights.