Judgment No. 390 of 2025 and the Tacit Acceptance of Inheritance

The recent judgment No. 390 of 2025, issued by the Court of Appeal of Sassari, addresses a crucial issue in the field of inheritance law: the tacit acceptance of inheritance. This decision offers an important reflection on how the heir's behavior can be interpreted in court, raising significant questions regarding the burden of proof in cases of dispute over heirship.

Context of the Judgment

In the specific case, S. (D. F.) initiated legal action against C. (G. A.) to assert her right of succession. The Court had to assess whether S. was required to prove formal acceptance of the inheritance or if, on the contrary, her behavior had already manifested such intention. The Court ruled that initiating legal proceedings aimed at reconstituting the integrity of the inherited estate can be considered a tacit manifestation of acceptance of the inheritance.

Party with a legal title to the right of inheritance - Initiation of legal proceedings aimed at reconstituting the integrity of the inherited estate - Proof of acceptance of inheritance - Necessity - Exclusion - Dispute over heirship - Burden of proof - Content. The party with a legal title conferring the right of inheritance is not required to prove acceptance of the inheritance if they initiate legal proceedings that, in themselves, manifest the intention to accept, such as that aimed at reconstituting the integrity of the inherited estate. The burden of proof lies with whoever disputes the quality of heir, to raise the objection of non-acceptance of the inheritance and, if applicable, to prove the existence of facts that exclude tacit acceptance, which appears implicit in the heir's behavior.

Implications of the Judgment

The ruling offers an important interpretation regarding tacit acceptance, as provided for by Article 459 of the Civil Code. It establishes that acceptance can also occur implicitly, through concrete behaviors that demonstrate the intention to manage the inherited estate. This means that, in the presence of actions aimed at preserving or reconstituting the integrity of the inheritance, the heir is not obliged to provide formal proof of acceptance.

• Recognition of inheritance rights without the need for formal acceptance.
• Burden of proof shifted to the party disputing heirship.
• Importance of the heir's behavior as an indicator of the intention to accept the inheritance.

Conclusions

Judgment No. 390 of 2025 represents a step forward in the protection of heirs' rights, clarifying that the intention to accept an inheritance can also be manifested through actions aimed at protecting the estate. This principle not only simplifies the inheritance procedure but also reverses the burden of proof, placing the responsibility on whoever disputes heirship to demonstrate non-acceptance. This is an important clarification that enhances the role of the heir and facilitates access to justice in matters of succession.