Is there a right to a compulsory portion in Italy?
Even under Italian law, the testator cannot dispose of all his estate assets and completely exclude his legal heirs from the succession.
According to Art. 536 ff. Cciv, the beneficiaries have a secure right of inheritance under Italian law, which secures them a portion of the estate despite disinheritance.
The circle of beneficiaries includes the spouse, legitimate and illegitimate children and other legitimate ancestors.
The amount of the compulsory portion depends on the number of persons entitled to a compulsory portion and their relationship to the deceased. In principle, the spouse's compulsory portion is ½ of the estate; if there is one child of the deceased, the compulsory portion is 1/3; if there are several children, the compulsory portion is ¼.
If the testator has disinherited their only child, this child receives half of the estate as a compulsory portion (Art. 537 I Cciv). Several disinherited children are entitled to a total of 2/3 of the estate and they must divide this share equally among themselves (Art. 537 II Cciv).