Contratti inter vivos con effetti post mortem nella successione dell'impresa

The business succession presents difficulties due to the presence in Italian law of the prohibition of succession agreements and other mandatory principles such as the protection of forced heirs (including those who supervene after the agreements). Other issues are related to the general principle that assets must be valued at the time of the opening of the succession. The so-called inter vivos contracts with post-mortem effects, which also include succession planning trusts and inheritance clauses included into company charters and shareholders’ agreements, only partly helps remedy these problems. The category thus appears useful, but does not solve the problems of business succession.