Succession without a will: can a daughter-in-law inherit from her mother-in-law?

When someone dies without leaving a will, it is the law that determines who inherits. But what happens if the deceased is a mother-in-law, her son has already passed away, and only the daughter-in-law remains? Is she entitled to a share of the inheritance?
It’s a common question in families, often accompanied by doubts and misunderstandings. The answer is clear: in the absence of a will, the daughter-in-law has no right to inherit from her mother-in-law. Let’s see why, starting with the rules of intestate succession.

What is intestate succession?

When a person dies without a will (or with a will that does not cover all their assets), intestate succession is triggered. In this case, Article 565 of the Civil Code defines the order of heirs, following a logic based on family proximity:

1. Surviving spouse
2. Children (and, if none, grandchildren by representation)
3. Parents and other ascendants
4. Siblings, and if none, nieces and nephews
5. Other relatives up to the sixth degree
6. In the absence of heirs, the estate goes to the State

In this order of inheritance, closer relatives exclude more distant ones.

If the son has predeceased her: who inherits in his place?

If a son dies before his mother (the mother-in-law), his share does not vanish—it can be transferred to others through two mechanisms provided by law:

• Representation: the children of the deceased son (i.e., the grandchildren of the deceased woman) take his place.
• Accretion: if the son left no descendants, his share is redistributed among the other heirs of the same rank.

Representation: how does it work?

Representation is governed by Articles 467 and 468 of the Civil Code. It applies in only two cases:

• To the descendants of the deceased’s child
• To the descendants of the deceased’s siblings

In practice, only blood relatives can take over via representation. The spouse of the predeceased child—so the daughter-in-law or son-in-law—is excluded.
The Court of Cassation has confirmed this principle multiple times, including in ruling no. 964 of January 13, 2022, clarifying that representation does not apply to the spouse of the predeceased person.

So, can the daughter-in-law inherit?

No, she has no right to her mother-in-law’s inheritance.
She is not listed among the legal heirs (Art. 565 Civil Code), nor can she step into her deceased husband’s place via representation. Even if she had been married to the deceased’s son for decades, the law does not grant her any inheritance rights.

What if the son left no children?

In the absence of descendants, the deceased son’s share is accreted to the other heirs of the same rank.

Practical example:
Caia dies without a will. She had two sons: Tizio and Sempronio. Tizio is already deceased and had no children. In this case, Sempronio inherits the entire estate, because Tizio’s share accrues to the only surviving son.

This principle has been confirmed by, among others:

• Court of Massa, ruling no. 216/2024
• Court of Ivrea, ruling no. 139/2018

What if the son left children?

In this case, representation comes into play: the deceased’s grandchildren take over their father’s share.

Example:
Caia dies. Tizio (her son) is already deceased, but he left two children. Sempronio, Caia’s other son, is alive. The inheritance is divided as follows:

• ½ to Sempronio
• ¼ to each grandchild, who step in for their father through representation

The daughter-in-law, once again, inherits nothing.

Can a will change things?

Yes. Everything said so far only applies in the absence of a will. If the mother-in-law had prepared a valid will, she could have:

• Named her daughter-in-law as heir (within the limits of the disposable share)
• Left her a legacy, such as a sum of money, a property, or a usufruct

In such a case, the daughter-in-law would have the right to receive part of the inheritance—but only if the deceased’s intentions were expressed in a valid written will.

And what about the partner of the predeceased son?

A similar question concerns the partner of the deceased son. Here too, the answer is no: the law does not grant inheritance rights to unmarried partners (de facto unions), unless they are specifically named in a will.

As we’ve seen, this is a very technical matter. That’s why, when dealing with inheritance issues, it’s always advisable to have the specific situation reviewed by professionals, such as those at Agenzia delle Successioni.