According to the claimant, it would be unreasonable to equalise the offspring of the first marriage to their father’s second wife, since their position as heirs is deserving of greater protection.

The Supreme Court did not share this view, attributing to the spouse the same inheritance rights: therefore, in order to determine the assets which the deceased could have had (art. 556 of the Civil Code), all that was donated during his life, must be taken into account, both prior and following the marriage (in this specific case it has also been included an indirect donation of ₤* 20 million made by the deceased in favor of the wife before the marriage).

*₤ = Lire