Purchasing a property originating from a donation has always been a calculated risk: under certain conditions, forced heirs could demand the return of the asset even from a third-party buyer. From 18 December 2025, this rule has been revolutionised.
The turning point of Law 182/2025
Law No. 182 of 2 December 2025 establishes a clear principle: the security of property transactions prevails over the claim of physical recovery of the asset by the heirs. The protection of forced heirs becomes purely economic: they may seek monetary compensation but can no longer demand the return of the property.
What this means in practice
If you buy a property that the seller had received by way of donation, you no longer need to fear that an heir of the donor might bring an action to reclaim the asset. A donated property is now treated like any other property acquired for consideration, eliminating the need to wait twenty years from the date of registration.
Banks welcome the change
The reform also has a direct impact on mortgage lending: banks, which until now had been reluctant to grant mortgages on properties originating from donations, will be able to do so with greater confidence. A positive side effect that unlocks a significant segment of the market.
Transitional regime: the 18 June 2026 deadline
For successions opened before 18 December 2025, the restitution action remains available but subject to a peremptory deadline. By 18 June 2026, a claim for reduction or a formal opposition to the donation must be served and registered. After this date, the right lapses permanently.
If you are currently negotiating the purchase of a property donated before 18 December 2025, it is essential to verify that no opposition acts are pending and, if none exist, to wait until the 18 June 2026 deadline for full certainty.
Sources: La Legge per Tutti, La Legge per Tutti, Il Sole 24 Ore
