I have been living with a man older than me for 34 years (his wife died a long time ago). He has a son married to a girl. My partner has informed us that he has made his will (but none of us has read it) by announcing that he will leave the house where we live to me, the house where he lives with his family to his son and the rest of the estate will be divided equally between us two. The son, on the advice of his accountant, now asks to have the apartment donated so as to avoid his father paying the Imu. Could this be detrimental to me at the time of succession? I would like to know what my rights are on my partner’s assets (I think null since we are not married) and what impact the will he has drawn up has.
Signed letter – by email
As you rightly anticipated, there are no inheritance rights for the partner. The Cirinnà law (20 May 2016, n. 76) also governs civil unions and cohabitation contracts, but does not introduce changes in the hereditary field for “more uxorio” cohabitations. In terms of legitimacy, a share equal to half of the father’s assets is reserved for the child, so his partner can freely dispose of the other 50%. The accountant’s advice is correct. The donation is useful to avoid the father paying the Imu as a second home. With the donation there is no alleged benefit to the child as feared. As a precaution, the donation can be made with the obligation for the child to attribute the value of what he received to his legitimate share, therefore without prejudice to the legacy of the other apartment to her, if the legitimate share is not affected. The advice that can be given is that during the donation the previously drawn will also be submitted to the notary who stipulates the deed, in order to verify its content and possibly draw up a new one, which takes into account the donation made.
* With the advice of the National Council of Notaries