Necessary Succession is the legal instrument to protect testator’s family rights. Italian law (article 536 of the civil code) provides that certain categories of family members – spouses, children (men not born in marriage and foster children), relatives – have the right to receive a specific quota of the asset established by law. This is defined as Necessary Succession for Forced Heirs. Our legal system gives the latters the right to receive their inheritance quota, even against the will of the latter (c.d. Quota di legittima or Reserved Quota – Table). This means that, in the presence of forced heirs, testators have the right to dispose, by testament, only of a part of their asset. Indeed, in such case, testators will be able to consider the available quota, which is a portion of the assets of the same, without limitation, as per the following table:
|
HEIRS AT THE OPENING OF THE SUCCESSION |
SHARES OF THE ESTATE PER HEIR |
|
Only the spouse |
1/2 to the spouse as a reserved quota (legitimate quota) and |
|
The spouse and a child
|
1/3 to the spouse as a reserved quota (legitimate quota), 1/3 to the child as a reserved quota (legitimate quota) and 1/3 as available quota |
|
The spouse and two or more children
|
1/4 to the spouse as a reserved quota (legitimate quota),
2/4 to children as legitimate share and 1/4 as available quota |
|
One child (without the spouse) |
1/2 to the child as a reserved quota (legitimate quota) and 1/2 as available quota |
|
Two or more children (without the spouse) |
2/3 to the children as a reserved quota (legitimate quota) and 1/3 as available quota |
|
Ascendants
|
1/3 to the ascendants as a reserved quota (legitimate quota) and 2/3 as available quota |
| The spouse and the Ascendants (without children)
|
1/2 to the spouse as a reserved quota (legitimate quota), 1/4 to the ascendants as a reserved quota (legitimate quota) and 1/4 as available quota |
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