Following the death of a loved one, the issue of inheritance inevitably arises. The division of assets among heirs can occur peacefully, or there may be obstacles that complicate the process.

In this article, you will learn more about what an inheritance is, how it can be divided, and how a lawyer can be essential in the division process. 

What does an inheritance consist of?

Inheritance is the estate of someone who has died, and which includes assets and debts. The inheritance is distributed among the heirs. 

O que são partilhas?

The division of assets is the distribution of a deceased person's inheritance among the remaining individuals. This act involves various bureaucratic procedures to ensure that the divisions are made as fairly as possible among the heirs of an estate. 

Main issues in sharing

At the time of making a will, there are specific obstacles that can alter the process of assigning inheritances and settlements. Some examples are:

• When there is no will;
• When there is a will, but it is not formalised;
• When the heirs passed away;
• When there is a deadlock between heirs;
• In situations of disagreement with the will. 

The law states that when a person dies without a will, their estate is divided equally among their children. If any of the children have already died, their children will inherit their share.

In Portugal, the law states that together with spouses, siblings are first in line for succession. 

In situations where there is no spouse or other legitimate heirs, the Article No. 2139, No. 2 of the Civil Code It states that the inheritance is divided in equal parts among the siblings. 

How to share between siblings?

The division between siblings occurs after the death of a loved one, and by law, siblings are the first heirs in the line of succession. After such a situation, there are steps to take, so that the inheritance is officially granted, such as:

• Registering a death. Within 48 hours of death, people must go to the civil registry office. For this, identification documents must be presented in order to obtain the death certificate.
• Next comes the grant of probate. Here, the Master bedroom Make a public deed identifying the beneficiaries. This is done at a notary's office or an inheritance counter.
• The administrator responsible for the proceedings draws up the inventory of assets. This process can be submitted to the tax authorities.
• After completing the list of assets, the person responsible delivers the document to the tax authorities within three months of the loved one's death. This document includes information about the deceased person, such as their identity, heirs, or their relationship to the person responsible.
• In cases where there is no litigation, the division of assets is carried out informally among the heirs, ensuring the fairest possible distribution of property. 

How to calculate the inheritance share?

A share of an inheritance, meaning the portion that each heir receives, is divided in different ways, according to what the deceased person leaves in their will. ⅓ of the inheritance can be distributed to an heir that the deceased person wishes to bequeath to in the will, while ⅔ of the inheritance go directly to the legal heirs. 

What happens when heirs don't get along?

If the heirs cannot agree on the division of the estate, the court will have to make the division. The court can become involved in the process either voluntarily or at the request of one of the parties. 

What percentage does each heir receive?

For example, in the division of property, each heir is entitled to a total of 25% of the value of the inherited property. 

How to divide an inheritance between siblings without an agreement?

In situations where there is no agreement between siblings, judicial intervention is necessary, and an inventory process is resorted to. 

This document should have the following elements, in the following order:

• Negotiable instruments;
• Money;
• Foreign currency;
• Objects of gold, silver, precious stones;
• Movables;
• Real estate.

When to contact a solicitor

Mm inheritance and probate lawyer it is necessary when it needs to be determined when someone is an heir, or when an appeal is requested. 

The role of lawyers in the division of inheritance between siblings

The division of assets can be done amicably, but if there is no agreement between the parties, the process moves to the judicial route. In both situations, the presence of a lawyer is very important for mediating the situation. 

No Lawyers in Braga We have the best professionals at your disposal, specialising in the field and ready to help you and clarify any doubts you may have. 

Conclusion 

Inheritance is passed down through a person's assets, which are distributed after their death. Their Debts are also inherited. 

Spouses and siblings are the first in line for succession regarding inheritances. Normally, the division is done informally, but if there is no consensus among the heirs, the decision is left to the courts.

The division of assets is made equally in situations where the heirs are siblings of the deceased person. In other cases, where there is no will, people inherit ⅔, and in cases where there is a will, the heirs according to the deceased's wishes receive ⅓ of the inheritance. 

The presence of a lawyer regarding the division of assets and the handling of inheritances is very important, as this legal professional can act as an intermediary and advisor.