Can one waive rights to a future inheritance?

This question often arises when considering family dynamics and estate planning. For instance, a man wishes to leave his entire estate to his financially struggling son from a previous marriage. He desires his current wife to renounce any claim to the inheritance and commit not to contest the will. Would such an agreement, authenticated by a notary, hold legal validity? Can rights to a future, yet unopened inheritance be waived?

The answer is no, grounded on two fundamental reasons. Firstly, the spouse is a legitimate heir entitled to a portion of the deceased’s estate regardless of testamentary provisions. Similarly, children, like the spouse, cannot be disinherited outright.

Therefore, a will that leaves everything to one child while excluding other children or the surviving spouse could be challenged within ten years under the “action for reduction due to infringement of the legitimate portion.” If no legal action is initiated within this timeframe, the testamentary disposition becomes irrevocable.

Secondly, the Civil Code’s Article 458 establishes a prohibition on succession agreements. This law stipulates that a testator cannot bind themselves to favor a specific person or allocate particular assets in a will. Testamentary freedom must be free from any form of coercion, even if voluntary or compensated. Additionally, any act attempting to waive, donate, or sell rights derived from a future inheritance that has not yet been opened is null and void.

Therefore, any agreement by the wife or children not to contest the husband’s or father’s will is only enforceable while the testator is alive. After the testator’s death, renouncing the right to challenge the will becomes permissible.

For example, a sibling who received a house from their father through donation may seek renunciation from other siblings not to contest this donation, facilitating easier sale of the property.

In conclusion, while intentions to distribute assets as desired are understandable, legal frameworks ensure fairness among heirs, protecting their legitimate rights to inheritance as prescribed by law.

VGS Lawyers is a law firm specialised in Italian Inheritance and Wills. In case you need assistance with an Inheritance under Italian Law please contact info@vgslawyers.com