{"id":6037,"date":"2026-09-14T18:02:54","date_gmt":"2026-09-14T16:02:54","guid":{"rendered":"https:\/\/britishdailynews.co.uk\/?p=6037"},"modified":"2026-09-14T18:02:55","modified_gmt":"2026-09-14T16:02:55","slug":"gifting-property-why-not","status":"publish","type":"post","link":"https:\/\/britishdailynews.co.uk\/?p=6037","title":{"rendered":"Gifting Property? Why Not!"},"content":{"rendered":"\n

Over the past few decades, gifting real estate in Italy has been regarded as a useful instrument, but one burdened by considerable uncertainty in matters of succession. The risk that, following the donor\u2019s death, a forced heir whose reserved share had been infringed could bring an action for reduction and, under certain conditions, seek restitution of the property even from a third-party purchaser made many properties acquired by way of gift difficult to sell or use as collateral. Law No. 182 of 2025 changes this framework by strengthening the protection afforded to third-party purchasers and making it easier for donated assets to circulate on the market. The reform does not, however, eliminate the need for a comprehensive legal assessment: while it addresses succession-related risk, it does not remove other potential encumbrances affecting the property or actions available to creditors. We discuss the reform with lawyer Antonio Triola<\/strong>, a Supreme Court advocate specialising in real estate law, succession and estate planning, practising primarily between Bari and Naples and also acting as an over-indebtedness crisis manager.<\/p>\n\n\n\n

Roberta Imbimbo<\/em><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

There has been talk of a \u201crevolution\u201d following Law No. 182 of 2025 on gifts. Why is this reform so important?<\/strong><\/h3>\n\n\n\n

Because it addresses one of the main obstacles to the circulation of assets acquired by way of gift. For a long time, anyone purchasing a donated property had to take into account the risk that, once the donor\u2019s estate had opened, forced heirs could bring an action for reduction of the gift and, where the relevant conditions were met, seek restitution of the property even from the third-party purchaser. This possibility had significant economic consequences. A property that was legally transferable could, in practice, become difficult to sell, finance or accept as mortgage collateral. This uncertainty affected negotiations, banks\u2019 lending assessments and the value attributed to the property. Article 44 of Law No. 182 of 2025 amended the relevant provisions of the Italian Civil Code, establishing that the reduction of a gift \u2014 subject to the specific circumstances relating to the registration of legal claims \u2014 does not prejudice a third party to whom the donee has transferred the property. The donee remains obliged to compensate the forced heirs in monetary terms to the extent necessary to restore their reserved share. The legislature has therefore shifted the balance of protection: the forced heir retains a financial claim against the donee, while the third-party purchaser benefits from greater protection in retaining ownership of the acquired property.<\/p>\n\n\n\n

What happened under the previous system? Why were donated properties regarded as so problematic?<\/strong><\/h3>\n\n\n\n

The issue was not that the gift was automatically invalid. A gift was, and remains, a valid legal transaction when properly executed and consistent with the donor\u2019s financial and family circumstances. The difficulty concerned the effects that could arise once the donor\u2019s estate had opened. A forced heir who considered that his or her reserved share had been infringed could bring an action for reduction. Under certain circumstances, that protection could extend to property subsequently transferred by the donee to a third party. For purchasers, this meant facing a potential succession-related risk that was often difficult to quantify, both economically and in terms of duration. The consequences were clear: some banks were more reluctant to grant mortgage financing; purchasers sought additional guarantees; and sellers were forced either to resort to contractual solutions or to wait until the relevant statutory periods had expired. As a result, the fact that a property had been acquired by way of gift could adversely affect both its liquidity and its market value. Describing such properties as \u201ctoxic assets\u201d may be an effective journalistic expression, but it must be used with precision. These were not unlawful assets, nor were they necessarily devoid of value. Rather, they were assets burdened by a legal risk perceived by the market, which could make their subsequent transfer more difficult.<\/p>\n\n\n\n

What changes in practical terms under the new law?<\/strong><\/h3>\n\n\n\n

What changes is the position of the third-party purchaser. The new Article 563 of the Italian Civil Code provides that the reduction of a gift does not prejudice \u2014 except in the circumstances provided for under Article 2652, first paragraph, No. 1 \u2014 third parties to whom the donee has transferred the donated property. The donee must compensate the forced heirs in monetary terms to the extent necessary to restore their reserved share. In other words, forced heirs do not lose their right to bring an action for reduction, nor does the reform abolish the protection of their reserved share. What it does limit, however, is their ability to pursue property acquired by a third party, in accordance with the new statutory framework and subject to exceptions arising from prejudicial registrations. This represents a highly significant legislative policy choice: lawmakers have sought to protect the security of transactions and purchasers\u2019 legitimate expectations, preventing succession-related disputes from indefinitely affecting the circulation of property. The reform does not, however, mean that every purchase from a donee is automatically immune from challenge. The protection concerns the specific risk governed by the amended provisions. Other matters must still be examined, including the validity of title, continuity of registrations, rights and encumbrances affecting the property, attachments, seizures, potential clawback actions, and compliance with planning and cadastral requirements.<\/p>\n\n\n\n

So can I now purchase a donated property without any risk?<\/strong><\/h3>\n\n\n\n

It is more accurate to say that the succession-related risk arising from the reduction of a gift has been significantly reduced for third-party purchasers. I would not, however, say that any property transaction can ever be considered entirely \u201crisk-free\u201d. The new rules protect third-party purchasers within the limits established by law, but it remains essential to examine the history of the property and the circumstances of the donor, the donee and the family. A twenty-year mortgage and land registry search is indispensable, but it does not necessarily exhaust the due diligence required. The property\u2019s chain of title, continuity of registrations and the existence of pending legal claims, mortgages, attachments, seizures or other encumbrances must all be verified. Where relevant, the succession history must also be reconstructed and any circumstances requiring additional safeguards identified. The practical rule is straightforward: the reform makes donated property easier to sell, but its marketability must still be assessed on a case-by-case basis. A registry search is not a substitute for legal assessment; it is one of the tools through which that assessment is conducted.<\/p>\n\n\n\n

Does the reform also apply to gifts made in the past?<\/strong><\/h3>\n\n\n\n

Yes, but a distinction must be made. The amended provisions apply to successions opened after the law entered into force. For successions opened before that date, Article 44 introduced specific transitional rules. In particular, the possibility of bringing an action against successors in title of the donee remains linked to the service and registration of an action for reduction within six months of the law entering into force or, subject to the conditions laid down by the legislation, to the service and registration of an out-of-court notice of opposition to the gift. If these steps are not taken within the prescribed period, the amended rules also apply to earlier successions once the transitional period has elapsed. This is an important point, as the reform cannot be applied automatically and indiscriminately to every gift made in the past. Where a sale is pending, it is necessary to verify the date on which the succession opened, whether any claims or objections have been registered, and the specific position of the successors in title. The transitional regime nevertheless performs a highly significant function: it allows earlier situations gradually to be brought within a more certain legal framework, preventing the risk of restitution from continuing indefinitely to burden the circulation of assets.<\/p>\n\n\n\n

What impact could the reform have on the Italian property market?<\/strong><\/h3>\n\n\n\n

The impact could be significant because the reform affects properties that, in many cases, formed part of family estates but were difficult to place on the market. Greater protection for third-party purchasers may increase the predictability of transactions, facilitate negotiations and make it easier for lending institutions to assess properties offered as collateral. It is reasonable to expect greater liquidity for assets that had previously remained effectively frozen or had been traded on less favourable terms. I would not, however, make broad predictions about increases in property values or the number of assets that will immediately return to the market: the actual impact will also depend on notarial and banking practices, the documentation available and the planning and cadastral status of individual properties. The most important change is the reduction in uncertainty. In the property market, legal certainty is not an abstract concept: it directly affects the ability to sell, finance and enhance the value of an asset.<\/p>\n\n\n\n

What changes for someone who wants to gift a property to their children today?<\/strong><\/h3>\n\n\n\n

Gifting can once again become a more effective estate-planning tool. A parent can transfer a property to a child knowing that, under the new rules, its origin as a gifted asset will no longer create the same degree of difficulty when the property is subsequently sold to a third party. This does not mean that gifting should be used automatically or that it is always the best solution. The decision must take into account the family structure, the existence of other forced heirs, the disposable portion of the estate, the donor\u2019s needs, any outstanding debts and the objectives of generational wealth transfer. In some cases, a gift with a reservation of usufruct may be appropriate; in others, a transaction for consideration or a different contractual solution may be preferable. The execution of the deed is only the final stage. The planning of the transaction comes first.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

You specialise in real estate law and estate planning. Could you tell us about your practice and the geographical areas in which you operate?<\/strong><\/h3>\n\n\n\n

My practice focuses on real estate law, succession, estate planning and over-indebtedness crisis management, primarily between Bari and Naples. I am a Supreme Court advocate and come from a family of Neapolitan notaries: real estate and succession law have therefore always been part of my professional background and training, although my role extends well beyond the notarial aspects of a transaction. In this field, a lawyer must help clients understand which transaction best suits their needs, what risks they are assuming and what consequences may arise over time. For this reason, I assist families, businesses and investors in reconstructing their financial and property positions, conducting real estate due diligence, negotiating agreements, drafting contracts and managing any disputes that may arise. My work takes place both before and after completion of the deed. Beforehand, it involves strategic analysis of the client\u2019s assets, family circumstances, chain of title and objectives. Afterwards, it involves providing assistance in the event of disputes, actions for reduction, disputes between co-heirs, liability claims, clawback actions or other real estate litigation, including proceedings before the Supreme Court y background in a notarial environment enables me to engage effectively with notaries on highly technical matters, but my perspective remains that of a lawyer: protecting the client\u2019s interests, preventing disputes and structuring transactions that are also strategically sustainable.<\/p>\n\n\n\n

What is the role of the real estate lawyer in this new landscape?<\/strong><\/h3>\n\n\n\n

The real estate lawyer is the strategic adviser to the transaction. The role is not limited to determining whether a deed can legally be executed, but extends to assessing whether that transaction is consistent with the client\u2019s wealth-planning objectives and what consequences it may generate. In the case of a gift, it is necessary to reconstruct the estate, identify potential forced heirs, assess the disposable portion, consider the position of the spouse and children, review any previous gifts and evaluate the potential succession-related consequences. When purchasing from a donee, legal advice includes examining the chain of title, registrations, succession history and any residual risks. Where the estate is burdened by debt, the analysis must also consider the position of creditors and whether the transaction may be exposed to protective measures or clawback actions. The lawyer\u2019s role, therefore, is not simply to \u201cadvise against\u201d or \u201cauthorise\u201d a gift in the abstract. It is to enable the client to make an informed decision based on a documented assessment of costs, risks, alternatives and consequences.<\/p>\n\n\n\n

And what about the notary? How does the notary\u2019s role change following the reform?<\/strong><\/h3>\n\n\n\n

The notary remains a central figure. The reform does not diminish the notary\u2019s role; rather, it makes coordination between the strategic planning stage and the execution of the deed even more important. The notary executes the public deed, verifies the legal and formal requirements for its execution, carries out the relevant notarial formalities and land registration procedures, and performs the checks inherent in the notarial function. The notary is the professional who gives the deed the form and legal certainty required by law. The lawyer operates on a different level: identifying and reconstructing the client\u2019s interests, assessing different scenarios, examining risks, negotiating terms and, where necessary, establishing contractual and procedural safeguards. If the risk materialises, the lawyer represents and assists the client in litigation. I would therefore not describe this as a relationship between a primary professional and a supporting professional. These are two autonomous and complementary roles: the notary ensures the legality and certainty of the deed; the lawyer oversees the wealth-planning strategy and risk management. Their collaboration is most effective precisely when their respective roles remain distinct.<\/p>\n\n\n\n

You also act as an over-indebtedness crisis manager. What is the connection with properties acquired by way of gift?<\/strong><\/h3>\n\n\n\n

The connection is direct. In debt restructuring and crisis resolution proceedings, real estate may represent the principal component of the assets available to creditors. If an asset is more difficult to sell or finance because it was originally acquired by way of gift, this can affect both the duration of the proceedings and its realisable value. The reform may make these assets easier to sell by widening the pool of potential purchasers and reducing one of the objections traditionally raised by interested parties. This is also important when a property must be realised as part of a liquidation process and converted into cash for the benefit of creditors. The new rules, however, should not be confused with a general validation of asset-disposal transactions. Creditors\u2019 actions, potential clawback proceedings, seizures, attachments and any other encumbrances must still be assessed. A gift that prejudices creditors may remain subject to the remedies provided by law; the fact that the property is subsequently transferred to a third party does not allow the creditor\u2019s position or the specific rules governing the relevant action to be disregarded. For this reason, in crisis management proceedings an asset must be assessed comprehensively: its origin, marketability, value, encumbrances, planning and cadastral status, pending disputes and realistic prospects of realisation. The legislation governing the circulation of gifted assets is important because it removes one specific obstacle, but it does not replace a comprehensive assessment of the proceedings.<\/p>\n\n\n\n

What are the most common mistakes you encounter in practice?<\/strong><\/h3>\n\n\n\n

The first is treating a gift as an isolated transaction without examining the family structure and the donor\u2019s overall estate. The second is confusing the legal possibility of executing a transaction with its strategic advisability. The third is waiting until the deed is about to be executed before addressing issues that should have been identified while the transaction was still being planned.<\/p>\n\n\n\n

Another common mistake is assuming that the new law makes it unnecessary to verify the chain of title. The opposite is true: precisely because the legal framework has changed, it is essential to establish exactly which rules apply to each individual case, particularly where the succession opened before the reform entered into force.<\/p>\n\n\n\n

Finally, succession risk should not be confused with creditor risk. They are separate issues. The reform concerns the effects of the reduction of gifts and the position of third-party purchasers; it does not eliminate the remedies available to creditors where an act disposing of assets has prejudiced the security afforded by the debtor\u2019s estate.<\/p>\n\n\n\n

What practical advice would you give to someone planning an intergenerational transfer of wealth?<\/strong><\/h3>\n\n\n\n

My first piece of advice is not to improvise. Before selecting the appropriate instrument, it is essential to reconstruct the estate, the family situation and the donor\u2019s objectives. Potential forced heirs must be identified, the disposable portion assessed, any previous gifts examined, and the tax, succession and financial implications of the transaction considered.<\/p>\n\n\n\n

A gift with a reservation of usufruct may be appropriate in certain circumstances, but it is not a universal solution. Other or complementary instruments may also be considered, such as a family agreement (patto di famiglia<\/em>), where the relevant legal requirements are met, or other contractual arrangements consistent with the client\u2019s objectives. A trust likewise requires a specific assessment of its purpose, structure and practical effects: it is not an automatic answer to every estate-planning need.<\/p>\n\n\n\n

It is advisable to prepare comprehensive documentation, involve the relevant professionals at an early stage and, where possible, encourage transparent communication within the family. Preventing conflict depends not only on the legal form of the transaction, but also on the quality of the planning behind it.<\/p>\n\n\n\n

Does the reform concern only real estate, or does it also apply to other assets?<\/strong><\/h3>\n\n\n\n

The amendment to Article 563 does not concern real estate alone. The provision also extends the new rules to transfers of movable property, subject to the distinctions applicable to movable assets that are or are not entered in public registers.<\/p>\n\n\n\n

The broader objective is to facilitate the circulation of assets acquired by way of gift and strengthen legal certainty in transactions.<\/p>\n\n\n\n

This does not, however, mean that every gifted asset is automatically immune from challenge. Even in relation to movable assets, the title, provenance, position of forced heirs and the possible existence of claims or encumbrances must be examined. The reform has broad scope, but must be applied in light of the nature of the asset and the specific circumstances of its transfer.<\/p>\n\n\n\n

How does the reform reconcile greater marketability with the protection of forced heirs?<\/strong><\/h3>\n\n\n\n

The reform does not abolish the protection afforded to forced heirs. The right to a reserved share and the action for reduction remain integral parts of Italian succession law. The legislative choice is instead to give greater weight \u2014 in dealings involving third-party purchasers and subject to the statutory exceptions \u2014 to the stability of the transfer of ownership. A forced heir may therefore retain a financial claim against the donee to the extent necessary to restore his or her reserved share, but can no longer automatically transfer the succession-related risk to the third-party purchaser. It is a balance between two competing requirements: on the one hand, protecting forced heirship rights; on the other, ensuring the security of transactions and access to credit. The reform does not resolve every potential conflict, but it redraws the balance between family protection and market confidence.<\/p>\n\n\n\n

What cultural impact could this reform have on the way Italians manage their wealth?<\/strong><\/h3>\n\n\n\n

The reform has the potential to bring about a significant cultural shift. For years, the word \u201cgift\u201d was almost automatically associated with the fear of creating problems for children or future purchasers. This led many families either to postpone generational wealth transfers or to enter into transactions without adequate planning. Today, gifting can once again be regarded as an ordinary estate-planning tool rather than necessarily as something to be avoided. But this greater freedom also requires greater awareness. If the market perceives less risk, the range of available options increases; so too does the responsibility of professionals to guide clients towards solutions that are genuinely appropriate to their circumstances. The real innovation lies not simply in making it easier to sell a gifted property. It lies in the ability to incorporate that asset into a broader estate-planning strategy, taking succession, family circumstances, debt, credit and future marketability into account from the outset.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

So, after decades of caution, is it really possible to make a gift without fear?<\/strong><\/h3>\n\n\n\n

It is possible to make a gift with greater peace of mind, but not without careful assessment. The reform has significantly reduced the risk that a property\u2019s origin as a gifted asset will impede its subsequent circulation and has strengthened the position of third-party purchasers. It has not, however, eliminated the complexities of estate planning. \u201cGifting Property? Why Not!<\/strong>\u201d can now be regarded as a legitimate question rather than a provocation. The answer depends on the family\u2019s circumstances, the composition of the estate, the donor\u2019s objectives and the position of creditors. Gifting can once again fulfil its natural function as an instrument of family solidarity and generational wealth transfer. For this to happen, however, it requires rigorous preliminary analysis, a well-considered estate-planning strategy and coordination between professionals with different areas of expertise.The notary ensures the certainty and legal validity of the deed. The real estate lawyer oversees the strategy, protects the client during the negotiation and planning stages and, where necessary, provides representation in litigation. It is from this distinction and collaboration \u2014 rather than from absolute formulas \u2014 that truly secure estate planning emerges.<\/p>\n","protected":false},"excerpt":{"rendered":"

Over the past few decades, gifting real estate in Italy has been regarded as a useful instrument, but one burdened by considerable uncertainty in matters of succession. The risk that, following the donor\u2019s death, a forced heir whose reserved share had been infringed could bring an action for reduction and, under certain conditions, seek restitution […]<\/p>\n","protected":false},"author":3,"featured_media":6041,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[22],"tags":[],"_links":{"self":[{"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/6037"}],"collection":[{"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6037"}],"version-history":[{"count":1,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/6037\/revisions"}],"predecessor-version":[{"id":6042,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/6037\/revisions\/6042"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=\/wp\/v2\/media\/6041"}],"wp:attachment":[{"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/britishdailynews.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}