Structural reforms to inheritance law after 80 years

The goal of these reforms—which directly affect society as a whole—is to modernize inheritance law for the first time in nearly eight decades.

Under the new provisions, a testator will now be able to secure during their lifetime that their estate—consisting not only of movable or immovable assets but also of intangible rights such as intellectual or industrial property—will be inherited by the persons they wish to protect and provide for.

In other words, an individual will have the ability to regulate, while still alive, how their assets will be distributed after death. At the same time, the longstanding 80-year framework on the compulsory share inherited by a spouse and children is revised. The new regulations also resolve the major issue of the deceased’s outstanding debts.

Heirs will no longer have to renounce an estate—often left by parents—in order to avoid assuming debt obligations to banks, tax authorities, and other institutions. This change is also expected to reduce the abandonment and deterioration of inherited properties.

The bill also revises the rules governing wills, introducing safeguards to curb the phenomenon of forged wills, which criminal networks have used to exploit the assets of elderly individuals, whether they reside in nursing homes or not.

The updated inheritance law aligns with modern social and economic realities across four key pillars:

• Protection of certain individuals not related by blood, adjusting inheritance rules to reflect changes in the institution of the family.
• Limitation of compulsory heirs, expanding testamentary freedom.
• Lifting the absolute ban on inheritance contracts, enabling easier planning of post-mortem property arrangements and preventing inheritance disputes.
• Introduction of the digital will, through explicit legal recognition.

Inheritance Renunciation Contracts

For the first time, inheritance contracts are formally introduced. These are agreements allowing, in advance and before death, the renunciation or settlement of inheritance rights.

Under the new rules, individuals may (possibly in exchange for compensation) waive their future inheritance rights concerning the estate of a parent or other relatives.

A testator may freely agree with their heirs—spouse, civil-union partner, children, grandchildren, etc.—on how their movable, immovable, and intangible property (such as copyrights from music, books, or industrial patents) will be distributed, outside the constraints of the compulsory share.

More specifically, a testator may:

• Exclude one or more heirs from the estate.
• Offset the value of assets already given to relatives (e.g., through parental transfers).
• Leave a larger portion of the estate to a relative on the condition that they provide care for the testator or their spouse in old age.
• The spouse may also agree that her share of the estate will go directly to the children, provided the children undertake to provide her with lifelong income after the father’s death.

These contracts will be executed before a notary and, once signed, will bind all heirs after the testator’s death—even if they conflict with compulsory share rules.

Inherited Debts

The entire system governing an heir’s liability for the deceased’s debts is being overhauled, with significant strengthening of judicial debt settlement procedures.

Under current law, heirs who accept an inheritance must also assume the deceased’s debts to banks, tax authorities, and others. As a result, many heirs renounce estates to avoid debt.

Under the new framework, heirs may accept the inheritance, but repayment of debts will be limited to the value of the inherited property. Debt will be repaid from the estate itself, not from the heirs’ personal assets.

Inheritance contracts will be notarized and published in the Wills Registry following the testator’s death.

The new system also prevents real estate from automatically reverting to the State simply because heirs are forced to renounce an inheritance due to the deceased’s debts.

In practice, after the estate is appraised, one property may be auctioned to pay off debts, while the remaining assets stay with the heirs.

Additionally, to facilitate more effective management of inherited real estate, each co-heir will have the right to request from the court the purchase of another co-heir’s share at a price determined judicially if the parties cannot agree.