Do Agreements on Future Inheritance Have Legal Value?

If a family has agreed on future inheritance shares (one-third and two-thirds) for a property, and now there is a dispute over dividing the condominium expenses, it’s important to understand the legal implications of such agreements.

Are Verbal Agreements on Future Inheritance Valid?

Under Article 458 of the Italian Civil Code, verbal agreements about future inheritance are considered “succession agreements,” which are legally invalid. This means that such agreements cannot be enforced, regardless of whether they are written or verbal. Therefore, your mother was not legally bound to honor the inheritance shares specified in the verbal agreement, and you cannot compel her or your brother to adhere to it through legal action.

Current Property Ownership

Since your father is deceased and did not leave a will, the property, which was jointly owned by him and your mother, is subject to inheritance rules. Your father’s 50% share in the property has passed on, meaning:

Your mother currently owns two-thirds of the property (50% from your father plus one-third of his 50% share).
You and your brother each own one-sixth of the property (one-third of your father’s 50% share).
When your mother passes away, if she has not made a will, the law dictates that you and your brother will each inherit 50% of her two-thirds share of the property. This allocation is fixed by law and cannot be altered by a verbal agreement.

Testamentary Dispositions

If your mother makes a will:

She can allocate one-third of her share to anyone she chooses (e.g., another person or relative), which translates to two-ninths of the entire property.
You and your brother are entitled by law to the “legitimate share,” which totals four-ninths (two-ninths each) of the property, regardless of the will.
In summary, if your mother decides to make a will and allocate the remaining one-third to your brother, you would end up with seven-eighteenths of the property, and your brother would receive eleven-eighteenths. This division approximates the one-third and two-thirds distribution specified in your verbal agreement but is not legally binding.

Current Condominium Expenses

Until your mother passes away, you and your brother each own one-sixth of the property, and your mother owns the remaining two-thirds. It is fair to divide the condominium expenses proportionally to your current ownership shares: one-sixth each for you and your brother, and two-thirds for your mother. If you agree to share the cost of the two-thirds portion your mother would be responsible for, dividing it equally between you is also reasonable.

According to Article 1101, paragraph 2 of the Civil Code, expenses related to communal property should be divided according to ownership shares unless a different agreement is made. The condominium administrator can demand payment from each co-owner based on their share.
VGS Lawyers is an Italian law firm specialised in Family Matters. In case you need assistance feel free to contact info@vgslawyers.com