Gifts of Italian property – an important change

Under the previous legal regime, where an asset had been gifted during the deceased’s lifetime, a forced heir could pursue not only the original donee but also any subsequent purchaser of the property. In other words, the claim followed the asset itself, even after it had been sold. The forced heir had up to 20 years from the date of the gift to bring such a claim.

This created significant practical difficulties for properties that had been transferred by way of donazione within the preceding 20 years. Such properties were often difficult to sell, as prospective buyers and mortgage lenders were understandably cautious about the risk of future claims. While insurance was available to mitigate this risk, it was typically costly and payable by the seller.

Article 44 of Law 182/2025, which came into force on 18 December 2025, has introduced a significant reform by abolishing the forced heir’s right to claw back the property from a subsequent purchaser. Forced heirs retain their entitlement under the law, but their claim is now limited to a monetary claim against the original donee or the donee’s estate, rather than against the property itself or third-party purchasers.

Under the previous regime, if the donee was insolvent and unable to satisfy the forced heir’s entitlement, the forced heir could pursue a claim against a third party who had acquired the property in good faith. Under the new rules, no such recourse is available: the forced heir will remain an unpaid creditor if the donee lacks sufficient assets.

There is a limited exception where the original donee has transferred the property onwards by way of a further gift (i.e. at no consideration). In this scenario, the forced heir may still bring a claim against the third party, but only for a monetary amount equal to their statutory entitlement. The property itself can no longer be recovered.

These reforms apply to all successions where the deceased died after the date the law came into force. Transitional provisions apply to earlier successions: where the death occurred before that date, a forced heir has six months from the date of the gift to register a charge against the property in support of a reduction claim. It is therefore essential, when purchasing Italian property, to check carefully whether any such charge has been registered.

Article 44 is intended to facilitate a more fluid property market by removing many of the obstacles associated with selling property that has been the subject of a past donation. This change should provide welcome certainty for buyers and lenders, and greater flexibility for individuals who have inherited or acquired Italian property with a donation in its history.

The reform also has important estate-planning implications. In particular, a straightforward lifetime gift of an Italian property may now be a more attractive option than the complex structures previously adopted to mitigate forced heirship risks and future saleability concerns.