Trust discrezionale: la tutela dei legittimari tra nullità e azione di riduzione

This Article discusses cases No. 5073 of February 17, 2023, from the Italian Supreme Court. Through this decision, the Supreme Court had identified the appropriate suitable remedy for an heir arguing against the transfer of shares in a trust which should have been included in his mandatory heritage share. The Supreme Court rejected the plaintiff's claim to declare void the transfer based upon both The Hague Convention for the Recognition of Trusts and the Italian Civil Code’s prohibition of the imposition of weights and conditions on mandatory heritage shares.