Who inherits in Portugal? This is a question that often arises when individuals from around the world consider their estate planning in the context of Portuguese law. Understanding the inheritance laws in Portugal is crucial for anyone with assets or family ties in the country, as it can significantly impact how their wealth and property are distributed upon their passing.
In Portugal, inheritance laws are based on both civil law and personal law. Civil law governs the general principles of inheritance, while personal law can vary depending on the deceased’s nationality or the nationalities of their heirs. This article will explore the key aspects of inheritance in Portugal, including who inherits, the distribution of assets, and the role of the court in the process.
Who Can Inherit in Portugal?
In Portugal, inheritance is governed by the Civil Code, which outlines the rules for the distribution of a deceased person’s estate. According to the Civil Code, the following individuals are considered heirs in Portugal:
1. Spouses and registered partners: The surviving spouse or registered partner is typically the primary heir in Portugal. They are entitled to inherit a portion of the estate, known as the “legal share,” even if there are other heirs.
2. Children: Biological, adopted, and foster children are considered heirs in Portugal. They are entitled to inherit a share of the estate, with the distribution based on their relationship to the deceased.
3. Parents: If there are no surviving children or descendants, the surviving parents are considered heirs. They are also entitled to inherit a legal share of the estate.
4. Grandchildren: In cases where there are no surviving children, parents, or descendants, grandchildren can inherit the estate. The distribution is based on their relationship to the deceased.
5. Siblings: If there are no surviving children, parents, or descendants, siblings can inherit the estate. They are entitled to an equal share, with the distribution based on their relationship to the deceased.
How Assets Are Distributed
The distribution of assets in Portugal is based on the legal share system. The surviving spouse or registered partner is entitled to the first share of the estate, followed by the children, parents, and grandchildren, in that order. The remaining heirs are then entitled to inherit the remaining assets in equal shares.
However, there are exceptions to this system. For example, if the deceased left a will, the distribution of assets may differ from the legal share system. In such cases, the provisions of the will take precedence over the Civil Code.
The Role of the Court
In Portugal, the court plays a significant role in the inheritance process. When an individual passes away, the executor of their estate must notify the court of the death and begin the inheritance process. The court will then oversee the distribution of assets and ensure that the deceased’s wishes are respected, whether through a will or the legal share system.
It is important to note that the Portuguese inheritance process can be complex and may require legal assistance. Hiring a lawyer or estate planner who is familiar with Portuguese inheritance laws can help ensure that the process is carried out smoothly and that the deceased’s wishes are honored.
In conclusion, understanding who inherits in Portugal is essential for anyone with assets or family ties in the country. By familiarizing themselves with the legal share system, the role of the court, and the exceptions to the rules, individuals can better plan their estate and ensure that their assets are distributed according to their wishes.
