In inheritance law, one of the most common questions is whether a parent can favour one child over the others through a lifetime gift. The short answer is yes—but with important limits.
Italian law allows a person to freely dispose of their assets while alive, including making a donation to only one child. However, this freedom is not absolute, because it must always respect the rights of the so-called “forced heirs”, who are entitled to a protected share of the estate.
What is a donation according to the law?
A donation is a contract through which a person, out of generosity, transfers assets or assumes obligations in favour of another party (art. 769 Civil Code).
It can involve, for example, the transfer of a property, a car, or the payment of a debt. Legally, it produces a clear imbalance: the donor reduces their assets while the recipient increases theirs.
Because of its economic impact, the law requires strict formalities. A donation must be made through a public deed before a notary, in the presence of witnesses. The acceptance of the gift can occur at the same time or separately, but only becomes effective once it is communicated to the donor (art. 782 Civil Code).
Is a donation to one child valid?
A donation made in favour of only one child is perfectly valid under Italian law. A parent is free to transfer assets during their lifetime to whomever they choose.
However, this freedom interacts with inheritance rules. In practice, a donation to one child is often treated as an advance on inheritance, meaning it will be taken into account when dividing the estate after death.
This can create imbalance if the value of the gift exceeds what that child would normally be entitled to under inheritance rules.
For example, if a parent donates an apartment to one child, that child will later receive less from the remaining estate. If the donated value is too high, it may reduce what is due to the other children and trigger legal disputes after the death of the parent.
When does a donation violate the legitimate share?
Italian inheritance law protects forced heirs: the spouse, children, and—if there are no children—the parents. These heirs are entitled to a minimum share of the estate that cannot be removed or reduced, even through donations made while the person is still alive.
A violation can occur in two main ways. The first is through a will that leaves too little to the protected heirs. The second is through lifetime donations that, when combined with the remaining estate, reduce their legally guaranteed share.
For instance, if a parent makes large donations only to one child, leaving nothing for the others, the imbalance may only become visible at the time of death, when the entire estate is calculated.
What is the action of reduction?
When forced heirs believe their reserved share has been violated, they can bring an action for reduction.
This is a court action that allows heirs to reclaim what was taken away through excessive donations or testamentary dispositions. It can only be initiated after the donor’s death, since only then the full estate can be assessed.
The action is subject to a ten-year limitation period starting from the acceptance of the inheritance. All beneficiaries of the estate, including those who received donations, must be involved in the proceedings.
The court reconstructs the entire estate, including both remaining assets and lifetime gifts, to determine whether the legitimate shares have been respected.
How is the violation of the legitimate share calculated?
To verify whether forced heirship rights have been respected, the law requires a simple but strict calculation: the value of the estate at death is added to all lifetime donations made by the deceased.
This total forms the “virtual estate” used to determine each heir’s legal share.
For example, if a parent leaves €90,000 at death and had previously donated €60,000 to one child, the total estate is considered €150,000. If there are three heirs (spouse and two children), each is entitled to €50,000. The child who already received €60,000 has therefore received more than their share, and the others can claim compensation through the action of reduction.
When can a donation to one child be challenged?
A donation is not automatically illegal simply because it favours one child. It becomes contestable only when it actually infringes the reserved shares of the other forced heirs.
In other words, the law allows preferential treatment during life, but not at the expense of minimum inheritance rights guaranteed by law. When those rights are affected, the legal system provides remedies to restore balance, primarily through the action of reduction.
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