All those entitled to the inheritance in the event of the death of the natural child

As is known, the Italian Law 10.12.2012 n. 219 and Legislative Decree 28.12.2013 n. 154, introduced the innovative principle of the unique status of a child into the Italian legal system.

Therefore, no more distinctions, from a hereditary point of view, between legitimate children and natural children.

Before the reform, if the natural child died without leaving children or a spouse, and without having drawn up a will, the only heir was the parent who had formalized the recognition and the participation of the parent with other relatives was therefore excluded.

Therefore the other ascendants (the grandparents), neither the natural ones nor the legitimate ones (parents of the natural father), were not called to inherit.

Since the entry into force of the aforementioned legal provisions, and therefore from 8.01.2014, the text of the art. has been modified. 565 Italian Civil Code.

And therefore, since the natural child is equivalent to the legitimate child, in the event of the death of the natural child, and in the absence of a spouse and children, in addition to the natural parent who made the recognition, also the natural parent who he did not recognize the other ascendants (grandparents) and relatives (uncles), both natural and legitimate, and also the other relatives.

The category of those entitled to inheritance has therefore been significantly expanded, without prejudice to the application of the other articles 580 et seq. code civil it.

Milano, May 7th 2018.

Avv. Giovanni Babino