Acceptance of inheritance

PHOTO-2024-06-21-11-20-23 (002)

When it comes to inheritance we always begin to ask ourselves multiple questions as it turns out to be a complex and difficult subject to understand. With this article we hope to clarify many of your questions and outline as best we can all the steps to follow when we find ourselves in this circumstance.

Upon the death of the de cuius, the aforementioned succession opens where, however, we immediately find before us a great crossroads: legal succession or succession by will!

In legal succession, the directions made by law will be followed since there is no will so the next of kin of the decedent will be approached.

Somewhat different is the situation of succession by will where the beneficiaries called precisely "called" are called upon to open the will . However, those who are named in the will of the estate do not acquire it as a result of the "simple" opening of the succession: first they will be called precisely "called" to the inheritance and instead become "heirs" once they have made the acceptance of the inheritance. A different situation we find with the legatee: the aforementioned figure arises when the deceased wishes to leave a certain thing to the legatee (in this way the person "binds" himself to the named thing) and above all the legatee is in a completely favorable situation in that the latter will never be required to pay the debts of the estate out of his own personal assets.

However, let us return to the subject of acceptance. We always remember that through theacceptance Of the inheritance the called party puts in place aLegal act qualifying him as an heir, taking over ownership of the estate; moreover, the act of acceptance is irrevocable and is prescribed in the term of ten years From the opening of the succession.  

There are several types:

  • Express acceptance
  • Tacit acceptance
  • Acceptance with the benefit of inventory
  • Acceptance presents

L'express acceptance occurs when in a public deed or private writing the person called to the inheritance has declared his or her acceptance or assumed the title of heir: one then signs his or her willingness to accept or assume the title of heir.

While thetacit acceptance occurs when the heir performs acts that necessarily presuppose his willingness to accept the inheritance and that he would only be entitled to do as heir. In other words, it is an acceptance that is inferred from the behavior of the heir, without an explicit declaration. Instead, it is distinguished acceptance with the benefit of inventory because it allows the assets of the deceased and the heir to be kept separate. This means that the heir cannot be required to pay the debts of the deceased beyond what he received as a result of the succession. Finally we find theassumed acceptance:  it is, therefore, a hypothetical Acceptance of inheritance that is independent of any manifestation of will, as much as from the performance of any act by the called party. Inevitably the Law presumes that the heir has accepted the inheritance. This presumption is based on certain conditions or conduct that, according to the law, implies acceptance of the inheritance.

With this article we hope to have clarified this much-discussed and controversial topic.

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