Successions, inheritance protection and defense of assets

The issue of a citizen's inheritance can be as simple as it is complex. Careful management of the estate can be planned in advance to avoid family conflicts among heirs. There are cases where one fails to plan one's estate in time, and often, for a variety of reasons, one risks ending up in court. There are cases where wills are published, probates are opened, or heirs discover donations of all kinds.

In families with complex assets, or where relationships have never been easy, managing an inheritance can quickly become a tricky issue. Succession law offers tools designed to prevent these tensions and intervene when someone's rights are at risk of being compromised.

There are professionals who can plan an inheritance protection strategy, or professionals who can trace what was implemented in the last years of life. For the protection of heirs, it is possible to involve inheritance lawyers, investigative agencies, handwriting experts, and other professionals necessary to protect your rights in compliance with applicable laws.

Before taking any action, you can schedule a consultation by filling out the Agenzia delle Successioni form to better understand the procedural options for your case. We can then proceed with the services needed for your protection.

• The regulatory framework and the role of inheritance protection
• The protection of legitimate heirs and the reduction action
• Contesting the will and verifying its validity
• The inheritance petition and the claim action, the differences
• Protecting the integrity of the estate
• Inheritance division and management of relationships between co-heirs
• The tax dimension of inheritance
• Prevention and planning: the most effective protection

The regulatory framework and the role of inheritance protection

The Italian inheritance system seeks to reconcile two needs that, in practice, don't always easily coexist. On the one hand, there's a person's freedom to decide to whom to leave their assets, and on the other, the minimum protection guaranteed to forced heirs. When this balance is disrupted, because a gift was too generous or a will excluded someone the law protects, inheritance protection tools come into play. These remedies serve to restore order, to avoid conflict, and often become indispensable to avoid injustice.

Correct distribution or knowledge of the reserved share can reassure some heirs or generate further conflict. Having professional support at a delicate time like the one described can prevent cases of inheritance theft that could compromise the estate of the deceased and the legitimate heir.

The protection of legitimate heirs and the reduction action

The action for reduction is, in fact, the most commonly used remedy when a forced heir believes he has been marginalized. To determine whether his share has actually been affected, it is necessary to precisely reconstruct everything the deceased owned. The deceased's estate is then reestablished, including what has been donated over the years.

It's a process that requires attention, documentation, bank reconstructions, and sometimes even the collaboration, not always easy, of the other heirs. If the assets end up in the hands of third parties, the matter becomes even more complicated and a restitution action may become necessary.

Contesting the will and verifying its validity

Many inheritance disputes arise from a will that someone deems invalid. A holographic will, for example, is simple to make but equally easy to mess up. A missing date or an unrecognizable signature is enough to spark a dispute.

Other times, the issue isn't formal, but rather concerns the testator's capacity or the influence of close associates. In these cases, the judge must reconstruct the context, interview witnesses, evaluate medical reports, and try to understand what actually happened at the time the will was written.

Or when multiple wills emerge, only the last one being made public.

The inheritance petition and the claim action, the differences

The inheritance petition (art. 533 of the Civil Code) is the legal action that allows the heir to obtain recognition of their status as heir and the restitution of the inherited assets from whoever owns them. It is an imprescriptible action, except for the effects of adverse possession by the possessor.

Here are the key points of the inheritance petition:

• Purpose: To determine the status of heir and recover the assets of the estate
• Active legitimacy (who can act): Only those who have accepted the inheritance
• Passive legitimacy (against whom to act): Whoever owns hereditary assets claiming an undue hereditary title or without any title at all
• Characteristics: It is an imprescriptible action, which means that it can be exercised at any time, except for the limitation of adverse possession.
• Burden of proof: The plaintiff must demonstrate his/her status as an heir and that the assets belonged to the deceased at the time of the opening of the succession.

Unlike the action for repossession (art. 948 of the Civil Code), the inheritance petition aims to recover the assets as part of the estate, not to dispute the deceased's title to ownership.

The action can also be exercised in the event that an heir is absent, untraceable, or does not accept the inheritance.

The substantial difference is that the inheritance petition protects the heir. The action of vindication, on the other hand, protects the property.

In both cases, if there is a new owner by adverse possession, the latter's right always prevails.

Protecting the integrity of the estate

Inheritance protection does n't necessarily begin after death. Family members often become aware of unusual bank transactions, suspicious sales, or gifts disguised as something else.

When these signs emerge, it is possible to request verification and, if necessary, urgent measures to prevent the estate from being dispersed. Accurately reconstructing the deceased's financial situation is essential to ensure a fair division and to prevent anyone from being penalized.

Inheritance division and management of relationships between co-heirs

After accepting an inheritance, a joint heirship is created , which, if not managed with balance, can become a source of conflict. Division is the final stage of the succession process, but it is often also the most delicate, especially when the estate includes indivisible properties or family businesses.

The law favors agreement between co-heirs, which avoids lengthy delays and high costs. However, when an agreement is not possible, each co-heir can request judicial division, with all the complexities that this entails.

A correct evaluation carried out by professionals in the sector, under the guidance of the Agenzia delle Successioni, can guarantee the heirs a correct division of the inheritance.

The tax dimension of inheritance

Inheritance protection also includes proper tax compliance. This includes completing inheritance tax returns , taxes, and land registry transfers. Errors or omissions can lead to penalties and further disputes. Careful tax planning allows you to optimize your tax burden while complying with the regulations.

Prevention and planning: the most effective protection

The most effective form of protection remains preventative. Well-constructed succession planning drastically reduces the risk of conflict and ensures continuity, especially in the case of complex estates or family businesses.

Navigating an estate without guidance can be challenging, especially when family relationships are complex or the estate is large. Expert advice helps prevent mistakes, reduce conflicts, and truly protect what is rightfully yours.

The Agenzia delle Successioni supports families with its services in preventive planning and dispute management, with a practical and solution-oriented approach.