Who is entitled to inherit? Understand the order of legal heirs

The death of a relative inevitably raises questions about the succession of their belongings. One of the most common doubts is: Who is entitled to inherit?

The answer depends on several factors, such as the existence of a will, the family relationship with the deceased, and the number of heirs.

In Portugal, the law establishes a strict order of succession when there is no will, protecting certain family members with legal priority. Understanding this hierarchy is essential to avoid disputes, correctly interpret rights, and make informed decisions in the division process.

In this article, we explain who is entitled to inherit according to the Portuguese Civil Code, the order of inheritance, what changes in the case of a will, and how a Solicitor in divisions and inheritances can help clarify and protect your rights.

Legitimate succession: what is it?

intestacy Intestate succession. In other words, the deceased's assets are transferred to their legal heirs, in the order defined by law.

The statutory succession is regulated in articles 2131.° a 2158 of the Civil Code English (UK), and establishes a succession order based on kinship.

Who is entitled to an inheritance? The legal order of heirs

The Portuguese law organises heirs into different Classes or orders, with each order of succession only inheriting if there are no heirs in the preceding one. Here is the legal hierarchy:

Descendants and surviving spouse

The first line of succession are the Children, grandchildren and great-grandchildren, that is, the direct descendants of the deceased. The Surviving spouse This is also part of this order. If there are children, the inheritance is divided equally between all children and the spouse.

For example, if the deceased leaves three children and is married, each will inherit a quarter of the estate, and the spouse the other quarter.

2. Ascendants and surviving spouse (when there are no descendants)

In the absence of children or grandchildren, the Parents and grandparents (ascendants) become entitled to the inheritance. If the deceased was married, the surviving spouse also inherits, and the inheritance is divided between them and the ascendants.

3. Brothers and nephews

colaterais. brothers of the deceased. If any brother has passed away, his children (nephews and nieces) can inherit by representation.

4. Uncles, cousins and more distant relatives

In the absence of direct heirs, the inheritance may be assigned to Uncles, cousins or other collateral relatives up to 4th grade.

5. Portuguese State

escheat vacancies and revert to the State. This is a rare but legally foreseen situation.

What if there is a will?

The existence of a will alters the distribution of the inheritance, but These heirs cannot be excluded, that is, children, spouse, or parents, if they are the sole heirs. They are entitled to a portion of the inheritance called legitimate, which represents at least half of the deceased's estate.

The remaining part, called available quota, can be attributed to whomever the deceased wishes.

A will is only valid if it is made in accordance with legal rules and does not prejudice the lawful share of mandatory heirs. Otherwise, it may be challenged.

Specific cases that generate doubt

Civil partnership

People who lived in a de facto union do not automatically inherit, even if they shared a home and lived together. The surviving partner only has a right to inheritance if there is a will in their favour or, in certain cases, a right of habitation.

Consulting a lawyer on partition and inheritance matters is essential in these situations, to assess the possibility of claiming rights or challenging succession acts.

Children from different marriages

When the deceased had children from different relationships, All children have equal rights, regardless of origin or degree of cohabitation with the parent.

Lifetime gifts

Assets donated to an heir during the deceased's lifetime may have to be collated, meaning they are taken into account when calculating the inheritance, to ensure equality among heirs. This is a sensitive and often contentious issue.

To start the inheritance process

As soon as the death occurs, some formal steps must be taken to initiate the succession process:

1. Request death certificate

2. Gather the deceased's personal and property documents

3. To carry out the qualification of heirs

4. Proceed to the valuation of the assets

5. Declare the inheritance to the tax authorities within 3 months

6. To begin the process of division, by agreement or by inventory

These steps can be complex, especially when there are many assets, multiple heirs, or a lack of understanding. Having the support of a lawyer in property division and inheritance is a way to avoid errors, conflicts, and delays.

How can a lawyer help with the inheritance process

The role of Solicitor in splits and inheritances is to follow the entire process, from the identification of heirs to the Final division of assets. Its main functions include:

• Analyse whether all legal heirs have been correctly identified

• Verify the validity and effects of wills

• Evaluate the estate and propose fair sharing solutions

• Representing heirs in probate court proceedings

• Challenging acts that violate the law, such as the exclusion of a legitimate share.

• Mediating family conflicts and negotiating agreements

In a context where decisions have a lasting impact, the lawyer ensures that everything proceeds legally and with respect for the rights of all parties involved.

Succession disputes: what to do?

When there are disagreements about Who is entitled to inherit, the process can become lengthy and draining. In these cases, it is possible:

• To resort to mediation, with or without judicial intervention

• Initiating probate proceedings at a notary's office or court

• Ask the judge for the distribution of assets in accordance with the law

• Provide evidence of donations or family relationships

Having a solicitor on your side allows you to defend your rights in a structured and well-founded manner, avoiding hasty or ill-informed decisions.

Conclusion

The question of Who is entitled to inherit it might seem simple, but it involves specific legal rules and different family scenarios.

Portuguese law defines a clear order of succession, but factors such as wills, de facto unions, children from different relationships, or lifetime gifts can significantly alter the succession landscape.

To count on the support of a Solicitor in divisions and inheritances It is essential to interpret the law correctly, to ensure your rights are respected and that the sharing takes place fairly and legally.

If you are facing an inheritance and are unsure of your entitlement, seek legal advice and act in accordance with the law. Only then will you avoid conflict, protect your assets, and be able to make informed decisions.