Notariat: 'More security for all parties and benefits for the country's economy'

"We welcome this result with great satisfaction and proudly claimthe authorship of the regulation because we have been insisting to the legislature for more than ten years that it be implemented.

For Vito Pace, president of the National Council of Notaries, the approval of the law reforming the circulation of real estate of donative origin (Article 44 of the Simplification Decree Law) is, without doubt, a historic achievement. And a significant upgrade compared to the rules in force until now, which burdened procedures to the point of halting them. "A donated asset risked finding itself in a hereditary dispute and the injured or damaged heir could claim against the third purchaser," Pace explains. "This blocked circulation and created big problems of legal uncertainty for the country's economic system as well, because with a donated asset, banks did not grant mortgages unless with policies, and the buyer could not count on the security of the purchase."

Adapting the law of succession to an evolving society, on the other hand, also encourages growth of the national economy: 'One of the limits pointed out by the NPRP concerned precisely the circulation of assets, which remained blocked due to the regulatory vacuum', Pace continues. A not insignificant obstacle, considering that 'in Italy the number of donations is constantly growing as the population ages and parents want to pass assets on to their children while they are alive'. The numbers confirm this: according to the Notary Statistics - actual data of deeds stipulated - every year in Italy over 200 thousand real estate donations are made. In 2021 there were more than 221 thousand, in 2022 almost 213 thousand and in 2024 they reached 218 thousand.

But if for legitimate heirs (especially those potentially damaged by their parents' choices on succession) the reform continues to guarantee a legal protection, albeit circumscribed to the family sphere, for professionals it offers a clear perimeter within which to operate without room for doubt. "The notary will be able to reassure clients with respect to assets of donative origin and work with defined legislative references," Pace closes. "All this will have important effects in the short term: until now, most people preferred to wait for the succession before acting, to avoid risky consequences. From now on, however, it will be possible to work on the deeds with more peace of mind, ensuring the full and complete protection of all parties involved'.