Inheritance law Portugal and succession law

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Inheritance law in Portugal is governed by the Portuguese Civil Code and the Portuguese Inheritance Tax Code.

We're acquaited to work with forieng clients in dealing with their needs on the Portugal legal system and novigate the difficulties of the complexity of the inheritance law.

Here are some key aspects of inheritance law in Portugal:

Legal heirs: Under Portuguese law, legal heirs are entitled to a portion of an deceased person's estate. The legal heirs are the spouse, children, and parents of the deceased person. If there are no legal heirs, the estate goes to the deceased person's siblings.

Forced heirship: Under Portuguese law, certain legal heirs, such as children and grandchildren, have a right to a mandatory portion of the estate, known as a "forced heirship" or "legitimate share". This means that they are entitled to a certain percentage of the estate regardless of any testamentary dispositions made by the deceased person.

Will: A will is a legal document in which a person can specify how they would like their assets to be distributed after their death. A will can be used to leave assets to people who are not legal heirs, such as friends or charities.

Inheritance tax: Portugal levies an inheritance tax on the transfer of assets from a deceased person to their heirs. The tax rate varies depending on the value of the assets, the relationship between the deceased person and the heir, and the region where the assets are located.

Probate: After a person dies, their estate must go through a legal process known as probate. This process involves the distribution of the deceased person's assets, payment of debts and taxes, and the distribution of the remaining assets to the heirs.

Intestate: If a person dies without a will, the estate will be distributed according to the laws of intestacy. This means that the assets will be distributed to the legal heirs as determined by the Portuguese Civil Code.

It's important to note that the Portuguese inheritance laws can be complex and it's advisable to seek the assistance of a lawyer who specializes in inheritance law to guide you through the process.