Succession and Estate Division Attorney in Padua and Venice
Legal assistance in succession and estate division. Dissolution of co-ownership among co-heirs, protection of the forced share and reduction actions.
What to bring to the first meeting
The law of succession governs the passing of a person’s estate to their heirs, and becomes contentious when the heirs cannot agree on how to divide the assets or when someone considers that the share reserved to them by law has been infringed. For as long as the estate remains undivided, the assets belong to all the co-heirs in co-ownership, and every decision requires the consent of all.
Article 713 of the Civil Code is the provision that breaks deadlocks, because it gives each co-heir the right to request division at any time, and no one can be forced to remain in co-ownership. Where there is no agreement for an amicable division before a notary, judicial division is pursued, preceded by mandatory mediation (Legislative Decree 28/2010). The fear of sale at auction is often overstated, because if the asset cannot conveniently be divided, the law allows it to be allotted in its entirety to one co-heir with an equalisation payment to the others.
A lawyer is needed when a co-heir blocks the division, when the forced share must be protected through a reduction action, or when gifts made during the deceased’s lifetime must be brought into the estate through collation (Article 737 of the Civil Code). It is on these points that the share each person actually receives is decided.
Frequently Asked Questions about Inheritance and Estate Division
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No. Article 713 of the Civil Code allows each co-heir to request division at any time, and no one can be forced to remain in co-ownership. If there is no agreement, judicial division proceeds after mandatory mediation, and a co-heir who opposes it can at most affect the timetable.
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The cost depends on the value of the assets, on whether expert valuation evidence is required and on whether or not a sale becomes necessary. A division concluded by allotment or equalisation payment is less expensive than one that ends in auction, which is why an assessment of divisibility precedes the commencement of proceedings.
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Where the asset cannot conveniently be divided, the law allows it to be allotted in its entirety to one co-heir, who pays the others an equalisation sum equivalent to their shares. Sale at auction remains the last resort, to be avoided through a properly designed division plan.
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The duration depends on the number of co-heirs, the disputes over shares and the need to value the assets through expert evidence. Cases in which only the method of division remains to be determined conclude more quickly than those in which the composition of the estate or the infringement of the forced share is in dispute. Preventive mediation, in some cases, avoids the need to proceed to judgment.
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Collation (Article 737 of the Civil Code) is the obligation, for children and the spouse who share in the succession, to bring into the estate any gifts received from the deceased during their lifetime, so that the division proceeds on the basis of the effective estate. The value is calculated by reference to the date on which the succession opened, and it is a step that directly affects each person's share.
Every case is unique and deserves to be heard.
The Firm offers tailored legal assistance designed to respond concretely to your needs. From advice to defence, the protection of your rights necessarily requires a careful preliminary analysis of the matter and an initial assessment of the relevant legal elements. A correct framing of the case is essential for understanding your rights and the most suitable tools to protect them.