Donation of Italian property. Please be careful!

Have you ever considered purchasing a donated property? 
Did you know it might come with risks related to inheritance disputes?

The spouse of the deceased, their descendants, or, in the absence of descendants, the ascendants of the deceased (i.e., the “legitimates”), who suffer an infringement of their right to the reserved portion of the inheritance (as a result of donations or testamentary dispositions), may file the so-called "reduction action." This allows them to initiate legal proceedings to claim their share of the deceased’s estate (or a monetary sum of equivalent value).

Once the reduction action is successfully pursued, the legitimate heir must approach the heir, legatee, or donor to obtain what they are entitled to. However, the liable parties might lack sufficient assets to satisfy the claim.

In such cases, the law allows the dissatisfied legitimate heir to act in “restitution” of the donated assets (or assets subject to testamentary dispositions) from whomever became their owner, even if the latter acquired them in good faith and without knowledge of the infringement of the reserved share.

For this reason, the circulation of donated properties is complicated, as anyone intending to purchase a property that was previously donated may fear becoming involved in inheritance disputes with parties entirely unrelated to them.

Additionally, there is a ten-year period after the death of the deceased to file a reduction action, as this action is subject to the ordinary ten-year statute of limitations. Once the action is initiated, the limitation period is halted, meaning that a resolution can occur even after many years.