Authors: Maria Teresa Basile, Edoardo Pacetti
On 18 December 2025, Law No. 182 of 2 December 2025, entitled the Law on Simplification and Digitalisation of Proceedings, entered into force, introducing significant changes concerning the transferability of real estate originating from donations.
For decades, anyone purchasing property received by way of gift faced a “Sword of Damocles”: the possibility that the forced heirs of the donor could seek restitution of the asset from any subsequent purchaser, even many years later. This system made gifted properties commercially unattractive and difficult to use as collateral for mortgage financing.
Prior to the reform, a forced heir whose reserved share had been infringed by a gift made by the deceased (de cuius), after successfully bringing an action for reduction, could also bring a restitution claim against third-party purchasers of the gifted property. This framework resulted in significant instability in the circulation of real estate originating from gifts. For twenty years following the registration of the gift, the purchaser remained exposed to the risk of dispossession. Aware of the serious shortcomings of this regime, the legislature enacted a reform with substantial impact.
Through Article 44 of Law No. 182/2025, the legislature introduced a decisive shift towards greater freedom in the transfer of real estate originating from gifts. The amendments to Article 563 of the Italian Civil Code have eliminated any risk for third-party purchasers for value of gifted property. Such purchasers will no longer be affected by any subsequent action for the reduction of the gift. Accordingly, a third party acquiring the property for consideration obtains definitive title at the moment of transfer of title irrespective of the lapse of twenty years from the registration of the gift.
At the same time, the legislature has not left the injured forced heir without protection. The forced heir retains a monetary claim against the donee, who is required to compensate him or her in cash in order to restore the reserved share. Moreover, if the donee is insolvent and the subsequent transfer was made without consideration, the third-party transferee will be required to compensate the injured forced heir up to the value of the benefit received. Conversely, where the transfer was made for consideration, the risk of the donee’s insolvency falls upon the forced heir, who may no longer bring a direct action against the third-party purchaser.
The reform has also introduced important changes to Article 561 of the Civil Code. In its current wording, the provision no longer contemplates the the release of mortgages in the event of restitution of the property following a successful action for reduction. Security interests granted by the donee over the property subject to sale remain effective even if the property is returned as a result of a successful reduction action brought by the injured forced heir. In such a case, the donee must compensate in cash the forced heir who recovers the encumbered asset, to the extent necessary to supplement the reserved share.
While the new regime marks a clear turning point for the future, the true test of the reform lies in the transitional provisions, namely the rules applicable to gifts executed before 18 December 2025, the date on which Law No. 182/2025 entered into force. In this respect, the legislature sought to strike a balance between the protection of rights already vested in heirs entitled to a reserved share (forced heirs) and the protection of the legitimate expectations of third-party purchasers. Specifically, where an action for reduction and the related restitution claim against the third party had already been brought and registered prior to the entry into force of the new legislation, the proceedings will continue to be governed by the previous regime, and the third-party purchaser will remain exposed to the risk of restitution.
Conversely, in the case of prior gifts for which no action for reduction had yet been initiated, the forced heir may, within a strict time limit of six months from the entry into force of the reform, choose to bring an action for reduction and register the judicial claim. If the forced heir fails to act within this peremptory time limit, he or she will definitively lose the right to bring a restitution claim against the third-party purchaser.
In conclusion, with the implementation of this reform, the legislature has not merely introduced technical amendments to provisions of the Civil Code, but has reshaped the underlying balance between succession law and the transferability of real estate originating from gifts. As a result of this legislative intervention, the Italian real estate market is expected to become more stable, fostering greater contractual freedom and enhanced security in property transactions.