In the absence of a will, who inherits and how much?
Last update: 10/3/2012
Where there is no will, the following principles apply to the various scenarios, such as:
- If the deceased was unmarried and without children, his/her parents and brothers and sisters inherit .
- If the deceased was unmarried and leaves children, the latter inherit.
- If the deceased leaves a spouse, but no children, ascendants, brothers or sisters, the spouse receives the full inheritance .
- If the deceased leaves a spouse and children, the spouse is entitled to half of the estate if there is only one child, and a third in other cases . The rest of the estate is shared equally between the children. The portion of a child already deceased reverts to that child’s descendants per stirpes (representation).
- If the deceased has no children but leaves a spouse and ascendants, then, two-thirds of the estate devolves to the spouse and a third to the ascendants.
Do partners of a registered or unregistered partnership inherit?
Italian law does not recognise partnerships. Italian law does not grant automatic succession rights to the surviving partner. The latter can only become an heir if this is stipulated in a will.
Detailed information
In the absence of a will, the following principles apply to the various cases, such as:
The deceased is unmarried and has no children: The parents and siblings inherit (Art. 571 Civil Code).
The deceased is unmarried and leaves children: The children inherit (Article 566 Civil Code).
The deceased leaves a spouse: If there are no children, ascendants or siblings, the spouse receives the entire inheritance (Art. 583 Civil Code).
The deceased leaves a spouse and children: The spouse is entitled to half of the inheritance if there is only one child, a third in other cases (Art. 581 Civil Code). The children share the rest of the inheritance equally between them. The share of a predeceased child goes to his/her descendants per stirpes (representation).
The deceased without children leaves a spouse and ascendants: Under the terms of Article 579 of the Civil Code, two thirds go to the spouse and one third to the ascendants.
Do the partners of a registered or unregistered partnership inherit?
Italy does not recognise registered partnerships. Unregistered partners do not have the status of legal heirs. The possibility remains to foresee the devolution of the assets to the surviving partner through a will.
