Forced heirship and testator possibilities
Forced heirship comes substantially from the ancient Romans who wanted the assets to remain within the immediate family or to gentes (the clan of all those individuals who shared the same family nomen and claimed descent from a common ancestor).
This determines the basic principle of the present Italian forced heirship law, which is close members of the family deserve part of the asset; this means that the testator cannot dispose of all its assets freely but must dispose of the assets as dictated by the law.
Prohibition of disinheritance
The testator cannot disinherit a close family member and cannot leave him/her a lesser quota than the one fixed by law. These close members (forced heirs) are the spouse and children and in certain circumstances the parents.
When there are no legitimate heirs, the testator is free to dispose of assets as he/she wishes.
Forced heirship and the right to contest the will
If the testator splits the asset differently a rightful heir who disagrees can claim the missing part of his/her quota before a court.
If you are the spouse or child of a rightful heir (legitimate), you may be able to claim an inheritance based on forced heirship.
The below table shows the mandatory shares for close member of the family.
Go back to the main Inheritance page.
Forced heirship and “reserved quota”
|Heirs||Free usable quota|
by the deceased
to legitimate heirs
|Spouse and one child||1/3||1/3||1/3||0|
|Spouse and two/more children||1/4||1/4||1/2*||0|
|One child (no spouse)||1/2||–||1/2||0|
|Two/more children (no spouse)||1/3||–||2/3*||0|
|Spouse (no child no parents)||1/2||1/2||0||0|
|Spouse and parents||1/4||1/2||0||1/4*|
|Parent/s (no spouse no children)||2/3||–||–||1/3*|
* The amount will be split in equal share between all
** The spouse has the right to live in the family house
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