Minimum Shares and Available Shares

Minimum Shares and Available Shares

(Quote di Riserva and Quote Disponibili)

In case of testamentary succession, Italian law mandates that qualified minimum shares be given to specific individuals. These shares are known as “quote di riserva” or “legittima.” Consequently, the qualified minimum shares of the estate (quota di riserva) cannot be assigned by the will or by previous donations to individuals different from those mandated by law:

  • spouse;
  • children (or their descendants, if deceased);
  • ascendants (if there are no children).

The qualified minimum shares vary based on who and how many of the closest relatives survive the deceased.

Consequently, a will can freely assign the remaining shares of the estate in which the assignment is not mandated by law. The shares that can freely be distributed are known as quote disponibili (available share).

Let’s take a look at every possible case:

The spouse who co-owned, or used to live in the family home, has the right to reside in that home and use the furniture in it.

Siblings have no right to any minimum share.