Purchasing a home is a significant step — and it becomes even more delicate when the property originates from an inheritance. The seller can often present themselves as the sole heir of the deceased owner, with a valid succession declaration (“dichiarazione di successione”) in hand. But what happens if, months or even years later, it turns out that this heir was not the only one entitled to the estate… or had no right to sell at all?
Italian law regulates an often-overlooked figure: the apparent heir, someone who acts as an heir without holding the legal title. This issue becomes crucial for anyone purchasing property in good faith.
Who Is the Apparent Heir and Why Is This a Risk for Buyers?
A person is considered an apparent heir when, based on objective circumstances, they appear to be the rightful successor even though they are not — or they are entitled only to a portion of the estate.
The Italian Supreme Court, in judgment no. 16517/2024, clarified that an apparent heir exists whenever there is a mismatch between the factual appearance of being an heir and the legal reality.
Common scenarios include:
- complete absence of any succession title;
- a will later declared false or invalid;
- discovery of a later will that changes the distribution of the estate;
- the appearance of another heir with a stronger legal claim (e.g. a child recognized after the decedent’s death).
The “apparency” could be total or partial.
- Total apparency: The person is not an heir at all. All acts they performed may potentially be invalid.
- Partial apparency: The person is an heir, but only for a smaller share.
Example: Someone selling the entire property when they are entitled only to half. In this case, only the acts exceeding their actual rights are at risk.
What Happens to the Buyer? When Is the Purchase Protected?
The general rule is simple: One cannot transfer ownership of something they do not own. However, Article 534 of the Civil Code introduces a special protection for buyers who purchase from an apparent heir — if three strict conditions are met:
- The buyer must have paid a price (onerous title).
Protection does not apply to donations.
- The buyer must prove good faith.
Good faith means the buyer was unaware — without gross negligence — that the seller was not the true heir.
It must be proven through concrete due diligence: asking for documents, verifying the succession situation, checking for potential conflicting heirs.
- Timely registration (transcription) in public records.
Two registrations must occur before the true heir intervenes:
- the apparent heir’s acceptance of inheritance;
- the buyer’s purchase deed.
In essence: In property transactions, whoever transcribes first wins.
The True Heir’s Right of Action: The Petition for Hereditary Rights
The true heir can always bring an action under Article 533 of the Civil Code to establish their status and reclaim inherited property, regardless of who currently holds it — the apparent heir or a third-party purchaser.
However, if the buyer meets all the requirements under Article 534, the purchase remains valid, and the true heir may recover value only from the apparent heir.
What If the Property Was Sold by an Apparent Legatee? A Different Rule Applies
If the seller acted as a legatee (not an heir) without having the legal title, Article 534 does not apply.
In this case, the buyer’s protection derives from Article 2652 no. 7 of the Civil Code, which imposes even stricter requirements — including a mandatory five-year waiting period from the transcription of the deed.
Buying property from an apparent legatee is even riskier and requires heightened caution.
What to Do If You’re Involved in a Case of Apparent Heirship
- If you are the true heir: Act immediately; delay reduces your chance of recovery (the apparent heir may be insolvent).
- If you are the apparent heir: Documenting your good faith is crucial to limit liability.
- If you are the buyer: Verifying whether Article 534’s protections apply can be the difference between keeping your home and losing it.
Concerned About Buying or Selling Property Originating from an Estate? Don’t Wait.
Succession-related real estate issues are among the most technical areas of civil law. A missed deadline, an overlooked document, or a delayed transcription can compromise an entire asset’s security.
If you are facing any of these situations, contact us for an immediate consultation.
We will assess your position, the potential risks, and the best strategy to protect your rights.
In matters of inheritance and real estate, caution is your strongest shield — and prompt action your best defense.