How Italy’s latest forced heirship reforms are transforming inheritance and estate planning
Forced heirship has long been a cornerstone of the Italian legal framework. Historically, Italy has enforced particularly strong protections for “forced heirs”, creating a system where family succession rights could override later transactions. In some cases, even buyers who acquired property in good faith risked becoming entangled in inheritance disputes decades after a transfer.
Under Italian law, certain close relatives — primarily spouses and children — are guaranteed a mandatory share of a deceased person’s estate, regardless of the terms of any will. These beneficiaries are classified as “forced heirs”. If their legally reserved portion is not respected, they are entitled to bring a riduzione (reduction) claim under the Italian Civil Code to rebalance the estate.
Issues under the former legal framework
Previously, if a property had been gifted during the deceased’s lifetime, a forced heir could pursue claims not only against the original recipient of the gift but also against any subsequent purchaser. In effect, the claim attached to the asset itself, following it through later sales. Forced heirs had up to 20 years from the date of the original gift to initiate such actions.
This approach caused major practical obstacles in the property market. Properties transferred by donazione within the previous two decades were often difficult to sell, as buyers and lenders were wary of potential future claims. Although specialist insurance could reduce this risk, it was expensive and usually borne by the seller.
The impact of Article 44 of Law 182/2025
Article 44 of Law 182/2025, effective from 18 December 2025, introduces a major shift in this area. The reform removes the forced heir’s ability to recover gifted property from a subsequent purchaser. While forced heirs remain legally entitled to their reserved share, their remedy is now restricted to a financial claim against the original donee or the donee’s estate, rather than against the property or later buyers.
Under the old rules, if the donee was insolvent, a forced heir could still claim against a good-faith third-party purchaser. This avenue has now been closed. Where the donee lacks sufficient assets, the forced heir will simply remain an unsecured creditor with no further recourse.
A narrow exception applies where the original donee transfers the property onward by way of another gift (i.e. without payment). In such cases, the forced heir may still bring a claim against the recipient, but only for a monetary sum equivalent to their statutory entitlement. Recovery of the property itself is no longer possible.
These changes apply to all successions where the deceased passed away after the law came into force.
