With inheritance we mean the patrimony of a natural person who, upon his death, passes into the legal ownership of another subject by succession due to death. In Italy, the inheritance is acquired through acceptance, with which the assets of the de cuius (from the Latin “is de cuius hereditate agitur” or “the one whose inheritance is involved”) are transfer to successors.
The patrimony can be transferred by law, and in this case we speak of legitimate succession, or by will (testamentary succession).
The right to accept the inheritance follows particular rules:
- is prescribed in 10 years;
- cannot be partial;
- is irrevocable and retroactive to the moment of opening of the succession;
- can be expressed, if it results through a declaration, or tacit, in the event that the heir follows a behavior that necessarily determines the will to accept (for example, someone who inherits a house and moves there).
The person called to the inheritance has three possibilities before him:
- accept the inheritance;
- accept the inheritance with the benefit of inventory, which means that there is no confusion of the inherited assets with one’s own and therefore one is liable for the inheritance debts only with the assets of the deceased;
- do the waiver of inheritance.
Unlike the acceptance of the inheritance, the waiver is not irrevocable, unless the 10-year limitation period has elapsed.
