The ruling n. 31310 of 2024 by the United Sections of the Court of Cassation addresses a crucial issue regarding the acceptance of inheritance by minors. In particular, it clarifies that, even in the absence of an inventory, the minor acquires the status of heir at the moment when their legal representative accepts the inheritance with benefit of inventory, thus precluding the possibility of a subsequent renunciation.
According to Article 471 of the Civil Code, the acceptance of inheritance by minors must occur with benefit of inventory, which serves to protect the minor's assets from any debts of the deceased. The central issue analyzed in the ruling concerns the possibility for the minor to renounce the inheritance once they reach the age of majority, should the legal representative not have prepared the inventory.
The declaration of acceptance of inheritance with benefit of inventory made by the legal representative of the minor, even if not followed by the preparation of the inventory, grants the minor the status of heir.
The Court, recalling previous jurisprudence, clarifies that acceptance, even without an inventory, is sufficient to attribute to the minor the status of heir, thus denying the possibility of a subsequent renunciation. In fact, Article 489 of the Civil Code establishes that minors do not lose the benefit of inventory until one year after reaching the age of majority, allowing them to complete the necessary operations.
The decision has significant practical repercussions for the management of inheritances involving minors. Among the key points, the following stand out:
These provisions are essential to ensure adequate protection of the minor's assets, preventing them from being placed in a vulnerable position due to inherited debts.
The ruling n. 31310/2024 of the United Sections of the Court of Cassation represents an important step forward in protecting the inheritance rights of minors. It clarifies that the acceptance of inheritance, even if not followed by the preparation of the inventory, grants the minor the status of heir, thus ensuring protection against the financial risks arising from inherited debts. It is crucial that lawyers and representatives of minors are aware of these provisions to properly manage inheritances and safeguard the interests of the minors involved.
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Italian justice Italian legislation joinder joinder of parties joint custody joint declaration judgment judgment 34950/2022 judgments judicial division jurisdiction Jurisprudence labor law law 184/1983 law 898/1970 lawyers Lazio law legacies legal adulthood legal aid legal community legal competence legal guardianship legitimaries legitimate legitimate share legitimate succession legitimization liability listening to the minor loan for use maintenance maintenance allowance maintenance obligation maintenance obligations marital community marital home marital responsibility marital separation marriage mediation mild adoption minor abduction minor children minor hearing minor rights minor's opinion minors minors transfer minors' rights mistreatment modal donation moral violence mortgage mortgage creditors mortgage registration mother's standing natural incapacity non-binary identity non-compliance non-EU citizens non-pecuniary damage non-performance notification nullity nullity of will 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right to be heard right to defense rights of ascendants rights of the beneficiary risk of default ruling ruling 11389 ruling 1234/2023 ruling 12345 ruling 16462 ruling 16691/2024 ruling 16703/2024 ruling 16716/2024 ruling 17154/2024 ruling 17191/2011 ruling 18773 ruling 19069/2024 ruling 2023 ruling 2024 ruling 24369 ruling 2536/2024 ruling 26263 ruling 32354/2024 ruling Cassation 2017 ruling Cassation 8229/2023 ruling no. 6433 ruling of the Court of Cassation rulings school self-determination self-responsibility sentence sentence 8980 separation separation agreement separation charge severance pay sex reassignment shared custody shared parenting side agreements simulated donation simulation social inclusion social security law social services special curator special power of attorney specialized sections spousal duties spousal support spouses' rights stalking standard of living standing standing to sue state of abandonment subsidiary liability succession succession law successions 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