Can You Choose Not to Assign an Inheritance to Anyone?

Squandering Inheritance: A Controversial Option

Squandering all of one’s assets to leave nothing to anyone is an option contemplated by many people, regardless of the actual value of the potential inheritance.
This is usually the case when there are strained relationships with family members, especially with legitimate heirs who cannot be denied their inheritance.
Moreover, it is not possible to ensure that the inheritance goes to no one, not so much for a legal matter but rather because assets do not vanish upon the owner’s death.
In the absence of heirs, in fact, they pass to the State.

However, the issue is not as straightforward as it seems, as even donations can be contested, albeit only by legitimate heirs.
Other potential heirs, on the other hand, cannot contest any donation, as they can also be directly excluded from the will.
Those without legitimate heirs (no children, spouse, or parents) might think of getting away with a will that excludes all family members, but such a provision would be void.
Where would the assets end up?

Challenges and Solutions

It is not simple to prevent legitimate heirs from receiving their legal shares, unless they voluntarily renounce them.
Cases of unworthiness are fortunately very rare, but this does not mean they are impossible.
While leaving an inheritance implies being obliged to share part of one’s estate with legitimate heirs, no one is required to leave their estate to heirs.
It is therefore possible to leave no inheritance to anyone.

Every mentally competent person has the full right to manage their money and assets as they see fit and is certainly not obliged to preserve their estate for their relatives’ future inheritance.
Even the legitimate share due to some heirs is null without an inheritance estate, so in the presence of legitimate heirs (spouse, children, or in the absence of these, parents), the only truly effective way not to leave them the inheritance is to spend all the assets while alive.

Legal Matters

In fact, it is not possible to allocate part of the estate to other individuals, as this could be contested by legitimate heirs, nor is it possible to make donations while alive (which could also be contested).
Therefore, one would have to sell all the possessions one owns, as sales are not contestable, and spend the proceeds without acquiring other assets.
Travels, experiences, and services, nothing that remains in the future.

For those without legitimate heirs (or in the rare case where they have been declared unworthy of succession by a court order), the issue is simpler, but it is still necessary to identify at least one person to whom to bequeath one’s estate.
Although it is possible to exclude those one does not wish with a will, the inheritance must still go to someone.
It is possible to choose whoever one prefers, even a person with no family ties or a charity, an organization, or directly the Italian State.

Final Considerations

This can be done through a will or through donations while alive, possibly even on the share available from the inheritance, leaving the legitimate heirs only the minimum guaranteed by the law.
If one really does not want their estate to end up in other people’s hands, even in the absence of legitimate heirs, the only option is to squander it before death.

It is important to remember that it is possible to sell a property while retaining the right of usufruct, but also that there are so-called conditional donations.
These are donations subject to a certain constraint that the recipient must respect and are often used precisely to ensure assistance in case of illness or needs due to old age.
However, it should be remembered that the donation can be contested by legitimate heirs, so in their presence, it will be necessary to devise different strategies.

It would still be preferable in these cases to consult a notary or a lawyer to get help with the various operations and make sure everything is calculated in the best possible way.