Successione

Can the succession be blocked by just one heir?

Upon the death of the deceased, succession opens, the mechanism by which the heirs take over the estate of the deceased and are therefore entitled to the inheritance.
In the presence of multiple heirs, everyone's consent is often essential for some decisions, so much so that receiving the inheritance can become very complex.
In fact, it must be considered that one does not inherit specific assets, credits or debts but a percentage share – established by the will or by law – of the entire hereditary estate.
All those called to the inheritance who accept are therefore holders of all credits and responsible for all debts, within the limits of the inheritance share.
Only with an hereditary division is this communion dissolved, so that everyone receives ownership of individual and entire assets.
Not only is the consent of all the heirs necessary for the division, but also to be able to exercise certain actions on the assets.
For example, without everyone's consent the inherited house cannot be sold and the deceased's bank account cannot be unblocked.
It almost seems that a single heir can block the succession, preventing the others from receiving the inheritance, but this is not really the case.
Here's what the law provides and how to protect yourself.
The succession can be blocked by a single heir.
As anticipated, as long as the inheritance is undivided, the unanimous consent of the heirs – that is, all those called to the inheritance who have accepted – is required to carry out actions that can modify the asset or its legal status , for example by selling it.
This principle is based on the system of hereditary shares, due to which no heir has the entire ownership of an asset but a percentage share of the entire hereditary estate.
Consequently, until the inheritance division occurs, the most important choices require mutual agreement.
Furthermore, since the division has not yet taken place, not even the size of the share or the origin of the inheritance rights matters.
The consent of the heir with the largest share is worth exactly as much as the consent of the heir who will receive the least, just as the decisions of the testamentary heir have equal value to those of the legitimate heir.
In this sense it can be said that even a single heir can block the succession, because without his consent it is impossible to manage the inheritance adequately, regardless of the number of heirs and the value of the shares.
The succession, however, is only temporarily stopped, since the law allows situations of disagreement between heirs to be resolved by referring the matter to the judge.
read also Inheritance of the current account, the rules for a correct succession Heir prevents the succession, what to do An heir can prevent the succession only until the inheritance has been divided, after which everyone will be responsible for their assets, credits and debts.
The situation becomes particularly complex when the inheritance includes real physical movable and immovable assets, as well as credits and debts, as happens in the vast majority of cases.
This is because the application of the inheritance quota does not in any way allow you to exercise the right of heir without everyone's consent.
For example, all heirs must submit the request to unfreeze the deceased's bank account, accept the division of jewels, give consent to the sale of a property and so on.
read also Who should live in the house inherited from multiple owners? In the absence of this consent, the procedures are suspended, but it is possible to contact the court so that the judge can establish the division taking into account the rights of all the heirs.
However, before the judicial proceedings there is a mediation phase, with which it is possible to reach an agreement – which will then have enforceable value – or proceed to court.
To resolve inheritance disputes, judicial division, i.e.
not by joint request, is the only useful solution, since it releases the co-heirs from each other.
At the same time, it can also prove to be an inconvenient choice, if we consider that the division criteria do not take into account emotional ties and personal reasons, but also that very often the sale takes place at decidedly underestimated prices.
read also Inheritance, parties in disagreement: how to resolve it?

Author: A.W.M.

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