Italian Forced Heirship Rules (Legittima)
Italian forced heirship, governed by the Civil Code (Articles 536–564), restricts the freedom for an individual to decide where their assets should go on death. The rules work by reserving a portion (quota legittima) for “forced heirs” (the “legittimari” – spouse, children, or ascendants if there are no children).
These rules apply to Italian residents and non-residents with Italian assets, unless a choice of law (professio iuris) under EU Regulation 650/2012 or other regulations permits the individual to choose to apply the individual’s national foreign law. Foreign law may be applied by the making of choice in this sense, but only to the extent the Foreign Law permits freedom in choosing heirs. .
The Forced or legimate Heirs/Legittimari
The table below shows shows the relevant shares in the estate of a deceased person to which a Forced Heir is entitled under the Italian Civil Code and the part of the estate – the freely devolable of “Disposable Share” that an indiviudal can make use ot leave bequests in their will to people other than the Forced Heirs.
Forced heirs can challenge wills or indeed other arrangements, such as lifetime gifts, that infringe on their legitmate shares via court action.
Note that Italian Forced Heirship Rules cannot be excluded in a will or by way of other action. If they are, the terms of the attempt to overrule the Forced Heirship rules will not be valid as regards a “disinherited” forced heir who always retains their right to their Legimiyate Share under Italian law.Â
By the same token a will or other arrangements which distribute the estate otherwise than in accordance with the Forced Heirships, will be perfectly effective as long as none of the Legitimate Heirs contest, insisting of the their lawful portion.Â
| Heirs present | Forced share(s) | Disposable share |
|---|---|---|
| Spouse only | ½ to spouse | ½ |
| 1 child only | ½ to child | ½ |
| 2+ children | â…” to children (in equal parts) | â…“ |
| Spouse + 1 child | â…“ to spouse + â…“ to child | â…“ |
| Spouse + 2+ children | ¼ to spouse + ½ to children (in equal parts) | ¼ |
| Spouse + parents (no children) | ½ to spouse + ¼ to parents | ¼ |
| Parents only (no spouse, no children) | ½ to parents | ½ |
| Grandchildren do not have their own independent right as legittimari (forced heirs) while their parent is alive. However, they step into their parent’s place if that parent (the child of the deceased) has already predeceased the grandparent. | ||
Intestate Succession
The Italian Forced Heirship rules described above operate only to give Legitimate Heirs a legal right to a specific share of the share of the deceased’s estate
Separate rules apply where someone dies where there is no valid will, or where part of the estate is not disposed of by a will (and Intestate Succession).  Here the fundamental principles are contained Articles 565–586 of the Italian Civil Code.
In examining the position of a succession under Italian law it is important to keep the Forced Heirship and Intestate Succession separate as two distinct issues. Of course they are interconnected but an understanding of the Italian starts with separating the two concepts. This means we can usefully create a separate table for the rules on Intestate Succession as below.
| Scenario | Distribution |
|---|---|
| Only spouse | Entire estate to the spouse. |
| Spouse + 1 child | ½ to spouse; ½ to the child. |
| Spouse + 2+ children | â…“ to spouse; â…” to children in equal parts. |
| Children only (no spouse) | Entire estate to children in equal parts. Grandchildren inherit by representation if a child predeceased. |
| Spouse + parents and/or siblings (no descendants) | â…” to spouse; â…“ shared among parents and siblings. |
| Parents only (no spouse, no descendants) | Entire estate to surviving parent(s) in equal parts. |
| Parents + siblings (no spouse, no descendants) | ½ to parents; ½ to siblings in equal parts. Nieces/nephews inherit by representation. |
| Siblings only (no spouse, no descendants, no parents) | Entire estate to siblings in equal parts. Representation applies for nieces/nephews. |
| No spouse/descendants/parents/siblings | Ascendants (e.g., grandparents) inherit before collateral relatives. Failing that, collateral relatives up to 6th degree share equally by degree. |
| No heirs up to 6th degree and no spouse | The estate devolves to the Italian State (no personal liability beyond assets). |
| The surviving spouse also retains rights of habitation over the family home and use of household furniture (art. 540(2) c.c.), even in intestacy. | |