When an inheritance is divided, there are parts of it that are allocated to different people. These parts into which the inheritance is divided are called hereditary shares. 

How is the hereditary share divided, or how is this share calculated? Find out all about these and other topics in this article from Advogados em Braga. 

O quinhão hereditário refere-se à parte de um património que é legalmente atribuída a um herdeiro. É a porção de bens, direitos e obrigações que um indivíduo tem direito a receber após a morte de outra pessoa, de acordo com a lei ou um testamento.

The inheritance share is the part of the inheritance What the heir is entitled to. Inheritance is the set of assets, rights, and debts of a deceased person. 

How is an inheritance divided between heirs?

The inheritance, meaning the deceased person's assets, should be dealt with as soon as the death occurs. The executor is the person who must administer this inheritance, and they can be:

• The surviving spouse who is not divorced from the deceased person;
• In the event of a will existing, this document must be taken into account.;
• Relatives, especially those who are closest (like the children), and who have lived with the deceased for at least one year;
• The people mentioned in the will, priority being given to those most benefited. In case of equality, priority shall be given to the eldest. 

What is the difference between inheritance share and legitimate share?

It is important to distinguish between an inheritance share and a legal portion. The inheritance share corresponds to the part of the estate that falls to each heir, while the legal portion is the fraction of the estate that the law mandatorily reserves for certain necessary heirs.

How is the hereditary share calculated?

The calculation of the hereditary share can be done in various ways, and varies according to the following factors:

• Degree of kinship;
• Will;
• The portion of an inheritance that is reserved – the statutory portion;
• Available portion, meaning the part of the inheritance that the testator can freely dispose of. 

The methods for calculating an inheritance are varied, and also differ depending on the property regime, the estate, and the kinship relationships. 

However, in most cases, the division is done proportionally, where the number of heirs and their degree of kinship are considered. Then, the division is made according to proximity in terms of kinship. 

A transfer of a share of an inheritance.

The assignment of an inheritance share occurs when a person assigns their portion of an inheritance to another. In this way, the heir in question avoids participating in the division of the inheritance. 

How do you sell an inherited share?

To sell the inherited share, a public deed or a notarised private document must be drawn up, in accordance with what is defined in article 2126 of the civil code. 

If sold to a third party outside the inheritance, the co-heirs have a right of pre-emption according to the terms of Article 1391 of the Civil Code.

It is important to bear in mind that you may have to pay IMT, stamp duty, and capital gains tax clearance. 

How is a hereditary share seized?

Em debt situations or insolvency, the hereditary share can be attached. 

When an attachment concerns immovable property or movable property requiring registration, the enforcement agent takes the following steps:

• Register the pledge at the relevant registry office.;
• Proceed with the identification of the administrator, warning that the hereditary share will be ordered by the court to your order. 

When it comes to movable assets not subject to registration, the steps to follow are different:

• The enforcement officer will only notify you by registered letter that the hereditary share has been attached and will be at your disposal. 

Is it possible to sell a hereditary share?

Yes. The law permits the alienation of an inheritance, should there be multiple heirs. 

Can I renounce my inheritance share?

Yes. A Waiver of inheritance This can only be done after the succession has opened, i.e., after the death of the heir's ancestor. While alive, a potential heir can only renounce succession rights through a succession agreement, which is generally prohibited in Portugal, except in cases of reciprocal renunciation between spouses. After the person's death, the heir can renounce the inheritance, a process known as repudiation of the inheritance.

The beneficiaries of a hereditary share are the heirs.

Close relatives, spouses, and individuals referenced in the deceased's will are entitled to inherit. 

Can an inheritance share be assigned to someone else?

This request can be formalised by deed, preferably a co-heir. 

What happens if an heir renounces their inheritance?

If an heir renounces their share of the inheritance and does not consider their descendants at that time, those descendants may lose the right to receive their portion of the inheritance. 

Therefore, it is necessary for there to be a document that expresses the existence of descendants, so that they continue to have the right to inherit. 

Do I need a solicitor to deal with the inheritance share?

The presence of a lawyer is very important in the inheritance division process, as they are the most qualified person to clarify doubts and advise people involved in an inheritance division process in the best way. 

Um advogado especializado em direito sucessório lida com a distribuição de bens de uma pessoa falecida. Eles podem ajudar interpretando um testamento, lidando com inventários, resolvendo disputas entre herdeiros e garantindo que o processo legal decorra sem problemas. Além disso, podem aconselhar sobre planejamento sucessório para minimizar impostos e evitar futuras disputas.

A solicitor specialising in inheritance law has extra knowledge about inheritances, making them the best option to consider should you require a solicitor. 

No Lawyers in Braga counts on professionals in Inheritance law, and who are duly qualified to provide support in all matters of the process, so that their rights are duly guaranteed. 

Conclusion 

The hereditary share refers to the portion of an inheritance that is divided among each of the heirs. This division is never equal and depends on factors such as the number of heirs and degree of kinship. 

Managing an inheritance can be a complex process, and the guidance of a solicitor specialising in inheritance law can ensure that the heirs' rights are respected and that the distribution process occurs fairly and legally.