Divorce changes cartabia

Legal Publication:

Here are some of the most recent rulings of the Italian Supreme Court in succession matters:
1. Judgment No. 31310, Dec. 6, 2024: The United Sections ruled that a declaration of acceptance of inheritance with benefit of inventory made by the legal representative of a minor confers on the minor the status of heir. Consequently, a subsequent renunciation of the inheritance by the minor, once he or she reaches the age of majority, is ineffective.

2. Ruling No. 31125, Nov. 8, 2023: The Court clarified that, in the context of a reduction action brought by a pretermitted legitimator, the value of the inherited property must be determined by considering the increase in value after the opening of the succession. This approach ensures a more equitable distribution of the estate by reflecting changes in assets that occurred after the opening of the succession.

3. Ruling No. 35807, Dec. 22, 2023: The Court addressed the issue of will interpretation, stressing the importance of respecting the will of the testator. In particular, it pointed out that the interpretation of testamentary provisions must aim to reconstruct the actual will of the testator, avoiding formalistic readings that could distort his real intentions.
These pronouncements offer important clarifications in inheritance matters, contributing to more precise application of the rules and protection of the rights of heirs and legatees.

Written by: Michela De Palma - Published on IUSTLAB

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