The Heir of the Bailee

Among the many surprises that may arise in an inheritance, there is one that is particularly insidious.

Upon the opening of a succession in the absence of a will, heirs often assume that all movable assets belonging to, or otherwise attributable to, the deceased form part of the estate and, for various reasons, proceed to sell them.

However, it is possible that the deceased was not the owner of such assets, but merely their bailee.

In such a case, Article 1776 of the Italian Civil Code provides that the heir of the bailee who has sold the asset in good faith—i.e., without knowing that the deceased held it solely on a custodial basis—is obliged to account to the bailor for the proceeds received from the sale of the asset.

Therefore, before proceeding with the sale of movable assets formerly in the possession of the deceased, it is advisable to verify that he or she was indeed the rightful owner.

Milano, 24.06.2026

Avv. Giovanni Babino