A inheritance sharing sometimes it can be a rather complicated process. You need to clarify your Queries about the division of assets or a lawyer in inheritance division between siblings to help you with this process? Read this article carefully and contact us, we are located in Braga!

Inheritance: what is it?

Inheritance consists of the estate – both assets and debts – that, upon a person's death, is distributed among their heirs. According to the Article 2133(1) of the Civil Code, The order for the distribution of an inheritance is as follows:

1. Spouse and descendants (children or grandchildren, if there are no children); 
2. Spouse and ascendants (parents or grandparents, if no parents exist);
3. Brothers and their descendants (nephews and nieces);
4. Other collateral relatives up to the fourth degree (cousins, great-uncles, great-nephews/nieces);
5. State.

To benefit others, a will is necessary as the assets will be distributed among the rightful heirs, meaning those defined by law. However, even with a will, you cannot leave your entire inheritance to someone who is not a rightful heir. 

The administration of the estate, until the completion of the entire asset distribution process, is the responsibility of the executor, who, in order of preference, can be one of these people:

• Surviving spouse, not judicially separated as to person and property;
• Executor of a will (person responsible for overseeing the fulfilment of a will or for executing it, where applicable);
• Parents who are legal heirs;
• Testamentary heirs (if applicable).

Inheritance Law

O Inheritance Law is translated into a set of legal norms that regulate the phenomenon of succession upon death.

In Portugal, Succession Law provides for two types of succession: legal and voluntary, meaning those who inherit through a will. As previously stated, these individuals cannot inherit everything; the available share for them is only ⅓ of the inheritance. The remainder must be divided, by law, among the legitimate heirs. 

Inheritance law in Portugal also provides for the payment of stamp duty at a rate of 10% on the value of the estate received and situated within national territory. Heirs such as spouses or civil partners, children and parents are exempt from this payment; however, all others must pay this tax. 

Looking for a Solicitor in Braga? Contact us!

Joint ownership

Any heir can request the division of assets. If there is an agreement among all parties, they can go to a Notary's Office or the Inheritance Desk. If there is no agreement or if it is not possible for everyone to be present, the case will proceed to an asset inventory, which can be handled at a Notary's Office or in court. 

To carry out the inventory, you will need the following documents:

• Initial application with identification of the deceased, last residence, date and place of death;
• Document proving head of household status (if this is the applicant) and a declaration of honourable intent for its “faithful exercise”, with an acknowledged signature;
• List of heirs and documents proving this condition;
• Indication of the spouses of the heirs and the marriage regime;
• Death certificate;
• Documents (such as deeds of gift, wills, and prenuptial agreements);
• List of assets subject to inventory and their respective values;
• List of the inheritance's credits and debts, identifying the debtors and creditors.

What assets can be inherited?

• Real estate, such as houses, land, graves;
• Movable assets, such as cars, motorcycles, boats, gold, works of art;
• Other assets, such as bank accounts, shares, businesses, company positions.

How to divide an inheritance between siblings?

For the division of inheritance between siblings, it is necessary to follow a few steps from the moment of death, such as: 

• Death certificate

The first step is to register the death at the Civil Registry Office; you have 48 hours to do this.

• Grant of probate

This is done when there is no will. Usually, the executor or the eldest heir handles this procedure, which can be done at a National Registry Office or at the Inheritance Counter.

• List of Assets

This process is carried out by the head of household. There are two ways to carry it out, depending on the objective: either as part of an inventory or to be submitted to the Tax Office. 

• Finance Participation

The family has three months to notify the tax authority of the death. For this, it is necessary to present the death certificate and the citizen card of the deceased person and their heirs.

• Sharing of assets

If there is an agreement among the heirs, the division of assets is handled directly at the National Registry Office or the Inheritance Desk. When there is no agreement, it is necessary to proceed with a legal process. 

Where minors or incapacitated individuals are among the heirs, the Public Prosecutor's Office requires a formal estate inventory to be opened at the National Notary's Office to safeguard all rights of these heirs.

Inheritance Disputes

Conflicts often arise during the division of assets. These disagreements are therefore dealt with in the Courts or at a Notary's Office. In this case, it is necessary to go through the probate process and follow the steps previously mentioned. 

The inventory process includes two meetings – a preparatory meeting and a stakeholders' meeting – to determine the division of assets. If the heirs still haven't reached an agreement during these stages, they may decide to sell the estate and divide the profits among themselves, or even make donations. 

The importance of a lawyer in the division of inheritance

It is not mandatory to have a lawyer to divide an inheritance, but an inheritance lawyer can provide a great deal of security and help with decisions you are unfamiliar with! When legal matters are involved, such as determining if someone is indeed an heir, or in situations where an appeal is requested, a lawyer is required by law to help resolve these events. 

However, the division of inheritance can be a complex process that leaves many questions along the way. Therefore, it is advisable to hire an inheritance law solicitor to clarify all your doubts, provide details and help you throughout the process.

At Catarina S. Gomes – Lawyers we have The best lawyers in Braga

Send your consultation request, with no obligation. Receive a response to your problem today. Exercise your right now with qualified help in Braga with legal assistance from Solicitor Catarina S. Gomes.

You can also mark your Online legal advice.

Other areas of work:

• Employment Law
• Data Protection | GDPR
• Family and Succession Law
• Commercial and Corporate Law
• Companies and Commercial Register
• Divorce