Inheritance Theft: Cases and How to Deal With It

Inheritance theft is one of the most painful and insidious forms of family injustice. It doesn't always present itself as an obvious or sensational crime. Much more often, it manifests itself silently, through seemingly legitimate behaviors, carried out before or after the death of a loved one, and which end up depriving heirs of what the law owes them.

When it occurs, the problem is legal, but it also affects emotions and family relationships. But it is precisely at the legal level that intervention is possible, provided that action is taken promptly and with the appropriate tools.

Dubious wills and unfulfilled wishes

One of the most sensitive topics is that of wills. It often happens that one comes across provisions that do not reflect the true wishes of the deceased, but rather appear to be the result of pressure or manipulation.

A will can be contested when elements emerge that cast doubt on its authenticity or the freedom with which it was written. In holographic wills, for example, a handwriting appraisal becomes essential to verify that the handwriting and signature are truly the testator's or that it was not drawn by hand. In other cases, it is the context that raises doubts. This happens, for example, when there is sudden isolation or dependence on an outsider, with suspicious changes in financial arrangements.

When assets are stolen before death

Inheritance theft doesn't only occur through an irregular will. Very often, the damage occurs when the deceased is still alive but no longer fully able to control his or her estate.

It is in these situations that recurring signs emerge. Bank accounts emptied without explanation, suspicious withdrawals, missing jewelry or valuables, and last-minute real estate donations to a single person should be investigated.

To reconstruct what really happened, an asset investigation is often necessary. This tool allows you to identify anomalous transactions and fictitious ownerships that occurred in recent years. Only by knowing the actual size of the inheritance can one evaluate the actions to be taken.

Donations and protection of the reserved share

In Italian inheritance law, there is a principle that cannot be circumvented. This falls within the protection of the reserved share. Spouses, children, and, in some cases, parents cannot be excluded from the inheritance.

Even when the deceased was lucid and aware, donations that reduce the legitimate portion remain contestable. In these cases, the law provides for the action for reduction, which allows for the enforcement of donations and testamentary dispositions that have affected the reserved portion. This may be followed by the restitution action, necessary to actually recover the assets or money.

However, there is a crucial aspect regarding timing. These actions must be exercised within ten years. Beyond this limit, even the most evident right becomes irrecoverable.

Time and the need for a strategy

Many heirs notice anomalous behavior too late, which, if addressed immediately, can be resolved.

This is why early consultation is essential. It doesn't mean immediately starting a lawsuit, but understanding what scope for action exists, what evidence can be gathered, and what strategy is truly sustainable.

Acting without a clear vision risks wasting time, money, and rights. The Agenzia delle Successioni can offer support precisely in this regard. It starts with targeted consulting and, when necessary, intervening to attempt to recover the stolen assets.