Italian court ruling impacts inheritance compensation

Under Italian law, when an inherited property cannot be physically divided into independent units, it is assigned to the heir with the largest share. This heir must then pay a compensatory sum, known as a 'conguaglio', to the other co-heirs to account for their lost portion.

However, a ruling from the Court of Pavia (sentence number 770 of 2026) highlights a specific legal nuance regarding surviving spouses. Because a spouse holds a preferential right to reside in the family home, the overall valuation of the property for inheritance purposes is reduced. Consequently, other heirs may receive significantly lower compensation than expected due to the impact of this right of habitation on the property's total value.