Commentary on Judgment No. 8942 of 2024: Inheritance and Claimable Assets

The recent ruling of the Court of Cassation No. 8942 of April 4, 2024, provides important clarifications on the topic of inheritance petitions and the assets claimable by heirs. The central issue concerns the distinction between the assets that are part of the estate at the time of the opening of the succession and those that have already exited the estate of the deceased.

The Context of the Judgment

In this case, the Court confirmed the decision of the Court of Appeal of Ancona, which had already established that only the assets in which the heir succeeded mortis causa can be claimed. Therefore, if an asset was transferred or withdrawn before the opening of the succession, it does not belong to the estate and cannot be the subject of a petition.

The Principle of the Judgment

INHERITANCE (DEFINITION, DISTINCTIONS) - IN GENERAL Inheritance petition - Claimable assets - Assets already exited from the estate at the time of the opening of the succession - Exclusion - Rationale - Case. Through the inheritance petition, only the assets in which the heir has succeeded mortis causa to the deceased can be claimed, and not those that, at the time of the opening of the succession, have already exited the estate of the deceased and which therefore cannot be considered hereditary assets. (In this case, the Supreme Court confirmed the ruling on the merits which distinguished the sums present in a current account and withdrawn after the death of the deceased from those present in a securities deposit account and withdrawn before the death, recognizing the admissibility of the action only in the first case).

Practical Implications of the Judgment

This judgment has several practical implications for heirs:

  • Clarity on claimable assets: The Court has established that only the assets existing at the time of the death of the deceased and not already transferred can be claimed.
  • Prevention of disputes: A clear distinction between hereditary and non-hereditary assets can prevent conflicts among heirs.
  • Relevance of timing: It is essential to consider the timing of withdrawals and testamentary dispositions to establish the legitimacy of petition requests.

Conclusions

In summary, judgment No. 8942 of 2024 provides clear guidance on what can be claimed through the inheritance petition, emphasizing the importance of distinguishing between hereditary assets and those that have already exited the estate of the deceased. This clarity is fundamental for heirs, who must be aware of their rights and obligations in the event of a succession.

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