Calculating Legitimate Portion: Protecting Inheritance Rights

In the realm of inheritance law, the “legitimate portion” constitutes the share of the deceased’s estate reserved by law for their closest family, known as “legitimate heirs“. When a legitimate heir suspects that their rightful share has been compromised by testamentary dispositions or lifetime gifts from the deceased (de cuius), it becomes crucial to calculate […]

Intestate Succession: Understanding Legal Heirs

In the event of a family member’s demise, the intricate process of succession unfolds to identify heirs and allocate their respective shares. When no will is present, the Italian Civil Code governs this distribution. This article delves into the identification and rights of legal heirs in case of death, emphasizing the distinctions between legal heirs […]

Italian Law: Waiting Period for Remarriage After Divorce

Can divorced spouses remarry immediately? What is the widower’s mourning period? What happens if the temporary ban on new marriages is disregarded? The distinction between separation and divorce is often confused, forgetting that only divorce restores freedom of status. In other words, separated spouses remain legally married, allowing new relationships but not remarriage. The only […]

Child Custody and Placement: Understanding the Difference

In the aftermath of parents’ separation, how does child custody work, and what are the benefits of placement? Despite parents parting ways, the principle of “joint parenting” mandates that children continue to spend time with both parents. However, the time distribution can vary. Understanding the distinction between child custody and placement becomes crucial. Key Points: […]

Inheritance and Child Support: Are they Linked?

Is a child entitled to a lesser share of the inheritance if they received more financial support during their parents’ lifetime? When it comes to inheritance, the law treats all children equally. Regardless of birth order, legitimacy, or adoption status, children have equal inheritance rights. However, this does not preclude parents from providing different levels […]