Cosa la legge italiana riserva, e a chi.

The legittima

Italian succession law reserves a fixed share of every estate for the closest family. A reserved quota passes to protected heirs; the rest, the quota disponibile, you may leave freely.

Who is protected

The legittimari are the spouse and the descendants, and, only where there are none, the ascendants. Their reserved shares grow with how many survive you.

The reserved shares

What the most common family configurations reserve, and what stays free to give:

Spouse only

½ spouse · ½ free

Spouse + one child

⅓ spouse · ⅓ child · ⅓ free

Spouse + two or more children

¼ spouse · ½ children · ¼ free

One child, no spouse

½ child · ½ free

Two or more children

⅔ children · ⅓ free

Spouse + parents

½ spouse · ¼ parents · ¼ free

When a will overreaches

Leave a protected heir less than their share and they can bring an azione di riduzione, clawing back gifts and bequests for up to ten years after the estate is settled.

Across borders

EU Regulation 650/2012 lets you elect the law of your nationality, which can replace the Italian legittima with your home regime. Choose well, or compound the problem.

Plan it once

We map your heirs, model the reserved shares, and draft a will that holds in Italy and back home.