The law governing inheritance has been substantially amended by Law No. 182 of December 2, 2025, which enacted as part of the so-called Simplification Bill. The goal is clear: to finally make donated assets marketable and secure, by eliminating a long-standing source of uncertainty that has hindered the real estate market.
End of Restitution Actions Against Third-Party Purchasers
Until December 18, 2025, where a lifetime donation of real property made by the deceased reduced the share of the estate reserved by law to a forced heir (i.e., a close family member protected by forced heirship rules), the forced heir could, after obtaining a reduction of the donation, recover the property from a third-party purchaser through an action in rem, even if the property had already been transferred.
With the reform of Article 563 of the Civil Code, this possibility has been substantially eliminated with respect to third parties who have acquired the property for value.
What does this mean in practice?
A forced heir can no longer recover the property from a subsequent purchaser in good faith but instead has only a monetary claim against the donee. If the donee has sold the property, the forced heir is entitled to monetary compensation from the donee rather than restitution of the property.
An action against the third party remains possible only if the transaction was made without consideration (for example, a subsequent gift) and in any case within the limits of the benefit received.
Stronger protections for banks and buyers
Another change concerns Article 561 of the Civil Code: properties subject to reduction remain encumbered by liens and mortgages registered by the donee.
In the past, such guarantees could lapse. Today, however, banks are much better protected and can finance transactionswithout fear of losing the mortgage.
The reform also shortens the relevant time limit: the period within which a claim for reduction can affect third-party purchases is reduced from 10 to 3 years from the opening of the succession (Art. 2652 of the Italian Civil Code). Beyond this limit, a good-faith purchaser is fully protected.
What happens to existing donations?
The law provides for a transitional regime:
In summary
The reform represents a historic shift in Italian succession law: the circulation of assets is prioritized over the traditional protection afforded to forced heirs.
Anyone purchasing property that originated from a donation now benefits from significantly stronger legal protection. By contrast, the forced heir is essentially left with a monetary claim against the done: if the donee is insolvent, there is a real risk that the heir will be unable to obtain full compensation.
The reform therefore establishes a new balance—one that prioritizes certainty in real estate transactions while fundamentally reshaping the remedies available to forced heirs under Italian inheritance law.
Author:
Paola della Campa