MELIOR LAWASSOCIATED LAW FIRM · ROME
SUCCESSION · PRIVATE WEALTH

Donations, forced heirship and circulation of assets after the reform

The reform changes the balance between protection of forced heirs and security of transactions involving gifted property, shifting much of the dispute from recovery of the asset toward monetary protection.

Forced heirship and gifts

Italian succession law protects certain close relatives through reserved shares. Gifts made during lifetime may be relevant when reconstructing the estate and determining whether those shares have been infringed.

The traditional risk for purchasers

Under the previous system, purchasers of gifted assets could in some cases face claims connected with reduction of the donation, creating uncertainty in the circulation and financing of such property.

The new balance

The 2025 reform generally strengthens the stability of acquisitions from a donee while preserving the economic protection of forced heirs, primarily through monetary claims against the donee within the statutory framework.

Solvency becomes central

The shift from recovery of the asset to monetary compensation increases the importance of the donee’s solvency and of reconstructing subsequent gratuitous transfers where relevant.

Planning and evidence

Succession planning now requires even greater attention to documentation, valuation, indirect gifts and the interaction between collazione, reduction actions and the new rules on circulation.

A different allocation of risk

The reform does not eliminate forced-heirship protection; it changes the mechanism through which that protection is balanced against legal certainty for third-party purchasers.

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