The Italian Supreme Court recently reiterated that agreements in which parties waive their future inheritance rights are invalid under Italian law. In the case examined by the Court, the agreement was particularly insidious because it initially did not appear to violate the law. However, the Court identified and sanctioned it.
Here are the facts. Upon the death of a father, an agreement was reached between the daughter on one side and the wife and son on the other. According to this agreement, the daughter received certain inheritance assets (likely more than her due share) in exchange for her promise not to interfere in the division of assets between the mother and son.
When the mother passed away, the daughter took legal action against her brother, requesting the court calculate the inheritance estate, including all donations made by the mother to the brother, and to award her the 50% share she was entitled to. The daughter argued that the previous agreement was null and void under Article 468 of the Italian Civil Code.
The lower courts issued conflicting decisions, leading the case to the Supreme Court. The Supreme Court ruled in favor of the daughter, stating that the inheritance estate must include both the property donated by the mother to the son and all the funds withdrawn by the son from the mother’s bank account, which had been completely depleted. The key point is that the agreement was invalid because the daughter could not commit to relinquishing her inheritance rights before the mother’s death.
Our general advice is one should never enter into agreements regarding future inheritance rights. If an agreement is deemed necessary, it is crucial to consult a specialist in inheritance matters, as there are techniques to achieve the same objectives without falling into the nullities prescribed by law.