The release of funds of joint postal savings accounts - Beneficiaries’ independent right to collect shares

Beneficiaries’ independent right to collect shares.

Order No. 28935/2025 issued by the First Civil Section of the Italian Court of Cassation ruled on the important and timely issue concerning the management of joint postal savings accounts with an "equal right to reimbursement" clause in the event of the death of one of the joint account holders.

The case is particularly useful in shedding light on the rights of Australian citizens who, when dealing with the distribution of an inheritance resulting from the liquidation of sums deposited on an Italian postal savings account or postal bonds jointly held with the deceased, often face the Post Office opposition to pay those sums to them.

The Court of Cassation ruled that, in the event of the death of a joint account holder, the survivor retains full authority to operate the account and collect the sums, at least for his or her alleged 50% share.

The Post Office cannot refuse the payment on the basis of an ongoing dispute initiated by one of the heirs, as the new rules no longer provide for an automatic blocking mechanism for the savings book.

Disputes over ownership of the funds shall concern only the internal relationships between the surviving co-account holder and the deceased's heirs. This is in accordance with the general principles established by the Italian Civil Code regarding joint obligations and community of credit rights.

Therefore, each individual deceased estate beneficiary shall have the right to collect their share even separately from those of the other co-heirs.