Inheritance sharing between siblings: how it works and what to do in case of disagreement

Inheritance division between siblings is a common, though not always simple, situation in Portugal. When parents or another relative pass away, their children become legitimate heirs and jointly share the assets left behind.

However, what initially appears to be an automatic process can become complicated, especially when there is disagreement over who gets what, how assets are valued, or how to deal with gifts made during one's lifetime.

This article explains how inheritance sharing between siblings works under Portuguese law, the main challenges that arise, and what can be done when there is no consensus. The importance of legal support to ensure a fair and legal solution is also highlighted.

How inheritance is shared between siblings

Inheritance distribution among siblings occurs when parents pass away without a will, or when there's a will that doesn't exclude children from the inheritance. Children are statutory heirs, meaning they are always entitled to a portion of the estate, regardless of any wishes expressed in a will.

According to Articles 2131 to 2158 of the Civil Code English (UK), When there is no surviving spouse, the children inherit in equal shares. If only children exist as heirs, the inheritance is divided equally among them all. If one of the siblings has passed away and has children, those children inherit by representation, taking on the position of the deceased parent.

For example, if a father passes away leaving three living children, the inheritance will be divided into three equal parts. If one of these children has already passed away but left two children of their own, that sibling's share will be divided among their descendants.

What assets are subject to division between siblings

All assets that belonged to the deceased and form part of their estate pass into the inheritance. This includes:

• Property (houses, land, buildings)

• Cars

• Bank balances

• Valuables (jewellery, works of art, antiques)

• Credit and debt

• Company participations

• Rights to compensation or benefits

Furthermore, certain assets donated during life may also be considered for sharing purposes, if they have to be collated.

So, when one of the siblings receives a significant gift while the deceased is still alive, that gift may have to be taken into account in the inheritance settlement, so that everyone receives the same overall amount.

This rule is one of the main causes of conflict in inheritance sharing between siblings.

Who manages the inheritance until the division

Until the inheritance is shared, all siblings are co-owners of the inherited assets, in a undivided inheritance.

During this period, the inheritance is managed by a representative, called the head of the household. This person can be chosen by agreement among the heirs, or legally defined (for example, the eldest son or the one who lived with the deceased).

O Double bedroom is responsible for managing the assets, paying expenses, rendering accounts, and ensuring that the estate is preserved until it is divided. However, they cannot sell or dispose of assets without the consent of all the heirs.

What to do to formalise the inheritance division

The division of inheritance between siblings can be done by public deed, when there is agreement among all, or through judicial channels, if there is conflict.

When there is an understanding, the heirs must gather:

• Death certificate

• Granting of heirship

• Property documents (property deeds, vehicle registration documents, bank statements, etc.)

• Valuations of goods, if necessary

It is then possible to schedule a deed of partition at a notary's office, where it is defined who receives what and whether compensation will be made between siblings (for example, one sibling gets the house, another gets bank accounts of equivalent value).

If the assets are of high value or if real estate is involved, it is important to have a lawyer to oversee the process, verify everyone's rights, and draft the documents clearly.

What if there is a disagreement between siblings?

Disagreements between siblings are, unfortunately, a very common scenario in inheritance proceedings. The most common causes of conflict are:

• Dispute over who should keep a specific asset (e.g., family home)

• Discrepancy regarding the valuation of assets

• Existence of gifts during one's lifetime to only one of the siblings

• One of the brothers having lived in the deceased's house and refusing to leave

• Differences of opinion on whether assets should be sold or divided in kind

When there is no consensus, any of the heirs can initiate a Inventory process, which can be done at a notary's office or in court, depending on the complexity of the case.

This process aims to identify all estate assets, recognise the heirs, and judicially determine the division.

The role of a solicitor in the event of a dispute

The performance of a Solicitor in divisions and inheritances is essential at all stages of the inheritance sharing process between siblings, especially when there is disagreement. The lawyer can:

• Advice on the legal rights of each heir

• Collect and analyse relevant documentation

• To assess whether there is a collation of assets

• Negotiate agreements between parties

• To represent one of the siblings in court

• Challenge illegal acts by the head of the household

• Ensure that the sharing is done fairly and legally

If you are one of the siblings involved in an inheritance, the first recommended step is to seek professional legal advice, before signing any documents or accepting an informal agreement. Many family disputes drag on because decisions are made based on misinterpretations of the law or a lack of documentation.

It can take months or even years to complete the division of an inheritance between siblings.

The time required to complete a settlement varies depending on the number of assets, the degree of understanding between the heirs, and the existence (or not) of a will. An amicable settlement can take a few months. A litigious settlement, however, can extend for years, especially if it involves high-value properties or if there are legal challenges.

Regardless of how long the co-ownership lasts, the assets remain undivided, which limits their use, sale, or lease.

To prevent the inheritance from remaining unresolved indefinitely, it is advisable to initiate the division process as early as possible and gather all necessary documentation immediately after the death of the testator.

What if a sibling has already received a portion of the inheritance during the deceased's lifetime?

If one of the siblings has received property, money or another asset from the deceased during their lifetime, this asset may be subject to collation. Collation is the process of including the value of the gift in the calculation of the inheritance, in order to ensure equality among the heirs.

For example, if a sibling received property worth €100,000 during the testator's lifetime, that amount is added to the total inheritance, and in the final division, they will be entitled to less. This ensures that the other siblings are not disadvantaged.

Inheritance contributions are not always mandatory. It depends on the express will of the deceased and the nature of the donation. A lawyer is the one who can assess the situation and correctly apply the law.

Conclusion

Inheritance division amongst siblings is a delicate moment that requires information, balance, and, whenever possible, dialogue. Although Portuguese law provides clear rules to ensure a fair division, practice shows that conflicts are frequent and that the absence of division can generate long-lasting problems.

The best way is to try and resolve the situation by agreement, with the support of a lawyer, in a transparent and legal manner. When this is not possible, the judicial route ensures that all siblings' rights are respected and that the inheritance is finally divided fairly.