LETTER TO SANTA CLAUS. ATTENTION TO WHAT (AND HOW) YOU DONATE.
As is well known, donations are considered as “anticipated testamentary wills” and, as such, they are provided for in the second book of the Italian Civil Code, whose object is the inheritance. Donations, exactly as any other testamentary will, can violate the rights of the so-called “necessary heirs” (spouse, sons and daughters or further descendants and, in the absence of them, parents and others) to receive their own legitimate share of heritage, which is fixed by the law, notwithstanding and also against any will of the testator.
Namely, where, by one or more donations, the heir’s legitimate share right has been violated, the heir him/herself may bring an action for reduction and obtain the allocation of the donated assets up to the amount of his or her rightful share…
