Legitimate share in Italy: what it is, how it works, and when it can be challenged, even in the case of a donation

22/12/2025   Category:  Land Registry and Property Records

In Italy, the issue of legitimate inheritance rights is one of the most important and sensitive in inheritance law. It often arises within families when a will appears to "exclude" one or more heirs, or when a parent decides to donate assets during their lifetime to some children, penalizing others.

What is the legitimate share?

The legitimate share is a portion of the inheritance that the law reserves for certain heirs, even if the testator has stipulated otherwise in their will.

In other words, not everything can be left to whomever you want: a portion must necessarily go to the legitimate heirs.

Who are the legitimate heirs?

The main legitimate heirs are:

• spouse
• children (including adopted children)
• ascendants (parents) only if there are no children

These individuals are entitled to a minimum share of the inheritance, known as the legitimate share.

What are the legitimate shares?

The law provides for different shares depending on the composition of the family:

• Spouse + 1 child: legitimate share 50% (1/2)
• Spouse + multiple children: legitimate share 1/3
• Spouse only: legitimate share 1/2
• Children only: legal share 2/3 (if multiple children) or 1/2 (if only one child)
• Ascendants (parents) only: legal share 1/3

➡️ If the testator leaves less than this share to the heirs, the excess portion is void or voidable and may be claimed in court.

Contesting the succession: when is it possible?

When the legitimate share is infringed, the heirs may contest the succession.

This means that they can ask the judge to:

• annul testamentary dispositions that violate the legitimate share
• reduce donations or bequests that exceed the available share
• obtain reinstatement of their share

👉 The contestation can also take place when the testator has made a valid will: the law prevails over the will.

Challenge even in the case of a donation: why?

Italian law protects the legitimate share even with regard to donations made during the testator's lifetime.

This means that if a parent donates, for example, a house to a child, reducing the inheritance available to others, the aggrieved heirs may request:

A reduction in the donation

In practice, the judge may declare that the donation should be reduced (in whole or in part) to guarantee the heirs' legitimate share.

When is it possible to contest a donation?

A donation can be challenged when:

• it reduces the legitimate share of other heirs
• it was made in favor of a child or a third party, to the detriment of the legitimate share
• it was made at a time when the donor was already aware of their family and financial situation

👉 The donation is not "unalterable": if it violates the legitimate share, it can be reduced or canceled.

Land registry and cadastral surveys: how to trace shares, deeds, and former owners

Often, in order to understand whether the legitimate share has been infringed, it is necessary to know precisely what assets the deceased had at the time of death and to check for any donations or transfers of ownership.

To this end, the following tools are essential:

Land registry searches

A land registry search provides information on:

• owners
• property shares (e.g., 1/2, 1/4, etc.)
• cadastral data of the properties (sheet, parcel, sub-parcel)
• any changes in ownership

This certificate is essential for understanding:

• which assets were part of the deceased's estate
• whether any properties were donated during the deceased's lifetime
• the actual value of the estate

Extract of registered deeds (Land Registry)

The Land Registry allows you to find:

• deed of sale
• deed of donation
• mortgages
• mortgages
• transcriptions and transfers
• former owners

This research is useful for reconstructing:

• the transfer history of a property
• whether there are any undeclared donations
• any irregularities or suspicious transfers

Why are these checks important?

Because challenging the legitimate share is not based on "hearsay," but on concrete data.

A typical example:

• a parent donates a house to a child
• at the time of death, the remaining assets do not guarantee the legitimate share to the other children
• the aggrieved heirs may request a reduction of the donation
• but to do so, it is necessary to reconstruct precisely:

• when the donation was made
• what was the value of the property
• what other assets were present in the estate
• whether there are any further deeds against the deceased

Conclusion

The legitimate share is a right protected by Italian law: it cannot be eliminated by a will or donation.

If an heir feels aggrieved, they have the option of contesting the succession or requesting a reduction in donations.

To act effectively, it is essential to use tools such as:

• land registry searches
• extraction of deeds registered in the land registry

which allow you to reconstruct the assets, shares, and history of real estate transfers.