Legitimate Heirs: Meaning and Rights in the GenGle Glossary

Legitimate heirs are family members (children, spouse, ascendants) to whom the law guarantees a minimum share of the inheritance that cannot be infringed upon.

Definition of Legitimate Heirs

Legitimate heirs are individuals to whom the law mandatorily reserves a portion of the deceased's estate, known as the "legitimate portion" or "reserve." These individuals cannot be excluded from the inheritance, even by a will, as Italian law protects the closest family ties, guaranteeing them a part of the assets regardless of the deceased's expressed wishes.

The Role of Legitimate Heirs in Modern Families

In the context of separated families or single-parent households, the figure of the legitimate heir is central to estate planning. Legitimate heirs include the spouse or partner in a civil union, children born in or out of wedlock, or adopted, and, in the absence of children, ascendants parents. For a single parent, it's crucial to know that children are the primary legitimate heirs, and their presence directly influences the disposable portion/glossary/quota-disponibile that the parent can freely allocate.

Difference Between Legitimate Heirs and Statutory Heirs

It's important not to confuse legitimate heirs with statutory heirs/glossary/eredi-legittimi. While legitimate heirs are always entitled to a fixed legal share necessary succession, statutory heirs are those who inherit only in the absence of a will. In case of conflict e.g., if a will infringes upon a child's share, a legitimate heir can take legal action to enforce their rights.