Legitimate Share: Rights of the Forced Heirs

The legitimate share represents the portion of the inheritance reserved by law for the forced heirs, such as the spouse, children, and, in some cases, ascendants. At the Bianucci Law Firm in Milan, we offer assistance to ensure the respect of this fundamental right in inheritance proceedings.

In Italian law, the legitimate share is an irrenounceable protection in favor of the forced heirs, preventing testamentary provisions or donations made during the deceased's lifetime from harming their rights. This mechanism ensures a fair distribution of the estate, respecting the principle of family solidarity.

The legitimate share is the legal bulwark that protects the rights of the heirs closest to the deceased.

Who are the forced heirs?

The forced heirs are those individuals to whom the law reserves a share of the inheritance. They include:

• Spouse: Has the right to a variable share of the inheritance, depending on the presence of other forced heirs;
• Children: Have the right to a legitimate share, to be divided equally if there is more than one;
• Ascendants: In the absence of children, parents or other ascendants have the right to a legitimate share.

Calculation of the legitimate share

The legitimate share is calculated based on the composition of the family unit and the presence of testamentary provisions or donations. Some examples:

• Spouse and one child: 1/3 of the estate goes to the spouse as a legitimate share, 1/3 of the estate goes to the child as a legitimate share, and the remaining 1/3 is available for any testamentary provisions;
• Only children: The children divide two-thirds of the estate equally, while the remaining third is available for testamentary provisions;
• Spouse without children: Two-thirds of the estate goes to the spouse and one-third is available.

Violation of the legitimate share

If testamentary provisions or donations during life harm the legitimate share, the forced heirs can take legal action to protect their rights:

• Action for reduction: Allows for the reduction of harmful provisions to restore the legitimate share;
• Return of assets: If necessary, it is possible to request the return of assets donated during life;
• Judicial intervention: In case of disputes, it is possible to turn to the court to assert one's rights.

Our legal support

The Bianucci Law Firm offers comprehensive consultancy and assistance in matters of inheritance, dealing with:

• Analysis of the validity of testamentary provisions and donations;
• Assistance in action for reduction and in the protection of the legitimate share;
• Legal representation in inheritance disputes;
• Mediate to resolve inheritance disputes amicably.

Thanks to our experience, we support forced heirs in ensuring the respect of their rights and in managing inheritances with professionalism and expertise.

Comprehensive consultancy

Do you have any questions? Write to us or call us, without obligation.

Our team

Rely on our team of experts in inheritance matters.