Receiving a valuable gift during someone’s lifetime—such as a house, land, or money—often raises concerns when that person passes away. A common fear is that simply holding those assets could automatically turn the recipient into an heir, along with all the risks that come with inheritance, including debts.
Italian law, however, draws a clear distinction. Receiving a donation does not automatically make you an heir, and understanding this difference is essential to avoid unnecessary legal and financial risks.
When possession of assets can create problems
The rule of automatic acceptance under Article 485
The Civil Code sets out a strict rule for those who are in possession of assets belonging to a deceased person. If a person who is “called to the inheritance” continues to possess those assets and does not take action within three months, the law may consider them an heir automatically (Article 485 c.c.).
This is a form of presumed acceptance, designed to protect creditors. It prevents situations where assets are used or controlled without anyone formally taking responsibility for the deceased’s debts.
In practical terms, if someone:
- lives in the deceased’s home
- uses their car or manages their property
and fails to draw up an inventory within the legal timeframe, they may become a pure and simple heir, meaning they are also personally liable for debts.
A typical example is a child who continues to live in a parent’s home after their death and does nothing formally within three months. In that case, the law may treat them as having accepted the inheritance, even if they never intended to.
Why donations are treated differently
A donated asset is already yours
The situation changes completely when the asset was received as a donation during the donor’s lifetime.
A donation is a legal transfer of ownership that takes effect immediately. This means that, at the time of death, the donated asset is no longer part of the deceased’s estate. It already belongs fully to the recipient.
As clarified by the Court of Cassation (no. 18056/2025), Article 485 does not apply to donated assets. The person who received the gift is not considered to be “in possession of inherited assets”, but simply exercising their rights as an owner.
This has important consequences:
- there is no obligation to draw up an inventory
- there is no automatic acceptance of inheritance
- there is no risk of becoming liable for debts because of that asset
For example, if someone received a house as a gift years before the donor’s death and continues to use it afterward, that does not make them an heir. The property is already theirs and remains outside the inheritance.
When a donation can be challenged
The role of other heirs
Although donated assets are generally safe from inheritance rules, they are not always untouchable. Problems can arise if other heirs believe that the donation has harmed their legal share of the inheritance.
Italian law protects so-called “forced heirs” (such as children or spouses). If a donation significantly reduces what they are entitled to, they may take legal action, such as:
- an action for reduction, aimed at restoring their reserved share or collation, which may require certain assets to be brought back into the estate for division
Until such actions are successfully pursued, however, the donee remains the legitimate owner of the asset and is not considered an heir simply because of that ownership.
Defending a donated asset does not mean accepting inheritance
Ownership rights remain separate
Another important clarification concerns legal protection. A person who has received a donation has full rights to defend that property against third parties.
For instance, if someone occupies or damages the donated asset, the owner can take legal action to recover or protect it. Doing so does not imply acceptance of the inheritance.
The reason is simple: the person is not managing the estate of the deceased, but defending a property that already belongs to them.
Key takeaway
Receiving a donation does not automatically make someone an heir. The law clearly separates:
- assets that are part of the inheritance
- and assets already transferred during the donor’s lifetime
Only the possession of inherited assets can trigger automatic acceptance under strict conditions. Donated assets, on the other hand, remain outside the estate and do not expose the recipient to the deceased’s debts, unless specific legal challenges arise.
Understanding this distinction is essential to manage inheritance situations with clarity and avoid unintended legal consequences.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com