Does a spouse have a right to inherit from a deceased husband? Understand what the law says

The death of a spouse is always an emotionally difficult time, but it also raises important legal and financial questions. One of the most frequent questions in this context is: Does the spouse have a right to inherit from the deceased husband?

The answer is affirmative. The wife is considered Compulsory heir and has a right to a share of the husband's inheritance, even if there are children, parents, or other heirs.

However, the wife's share It depends on several factors, such as the marital property regime, the existence of descendants or ascendants, and the possible existence of a will.

This article explains in detail What are the The wife's rights in her husband's inheritance, how one's share is calculated, what happens in the event of a will, and the role of a Solicitor in divisions and inheritances throughout the whole process.

Does the spouse have the right to inherit from a deceased husband?

Yes. The wife is entitled to inherit from her deceased husband, according to the terms of Civil Code, being considered Compulsory heir. This means that it cannot be excluded from the inheritance, even if there is a will favouring other heirs.

The inheritance will consist of the deceased's own possessions and by half of the common goods, should the marriage have been celebrated under the community of acquired property or general community property regime.

The value of the wife's hereditary share varies depending on the existence of other heirs:

• If there is children, the inheritance is shared equally between the wife and the children

• If there are no children but there are Parents or grandparents, the inheritance is divided between the wife and the ascendants

• If the husband leaves no descendants or ascendants, the wife inherits the entire estate.

What is the role of the matrimonial property regime in the right to inherit?

The matrimonial property regime directly influences the calculation of inheritance.

• Communion of the acquiredAssets acquired during the marriage belong to both spouses. Only the deceased's half enters the inheritance.

• Joint ownership of propertyAll assets, acquired before or after marriage, are common property. The inheritance corresponds to half of the common estate.

• Separation of goodsEach spouse retains their individual estate. All inheritance corresponds to assets in the name of the deceased.

This factor is essential for calculating the list of assets in the inheritance and must be analysed with the support of a lawyer, especially when there are mixed assets or doubts about ownership.

What is the wife's share of the inheritance?

The wife's quota depends on the family composition:

• Husband leaves wife and 1 childeach inherits half

• Husband leaves wife and 2 childrenThe inheritance is divided into 3 equal parts

• Husband leaves wife and 3 childreneveryone gets a room

• Husband leaves wife and parentsThe wife inherits two-thirds, the parents one-third.

• No children or parentsthe wife inherits the entirety

These values apply when there is no will. If a will exists, the deceased can only dispose of available quota, always respecting the legal share of compulsory heirs, including his wife.

Can a spouse be excluded from inheritance?

No. The wife cannot be excluded from the inheritance, except in very exceptional circumstances provided for by law, such as Disinheritance with legal basis (e.g. an attempt on the deceased's life). Even with a will, the spouse always has the right to legitimate, which corresponds to:

• Half of the inheritance, if there are children

• Two-thirds, if only ascendants exist

• The entirety of the inheritance, if there are no other statutory heirs.

Any attempt to withdraw this right may be challenged in court with the support of a lawyer in shares and inheritance.

What happens to the family home?

The law protects the surviving spouse with regard to family home, especially when it comes to the couple's main residence.

Even if the property is only in the name of the deceased husband, the wife can:

• Request to preferential allocation of the property in the division

• To continue residing in the property without being compelled to leave after death

• Benefit from legal protection against forced sale, if there has not yet been a division.

This protection is particularly relevant in processes Inheritance sharing between wife and children, where the main property is often the asset of greatest value.

What if the husband left a will?

If the husband has left a will, they can dispose of available quota of your assets in favour of whomever you wish. However, it cannot harm the wife's legitimate rights.

For example, if there is one child, half of the inheritance constitutes the reserved portion, which must be shared between the child and the spouse. The other half can be allocated to third parties, by express wish in the will.

action of reduction reduction of testamentary provisions, with legal support.

What do you need to do to start the inheritance process?

Following the death of the husband, the wife or another heir must:

1. Request to Death certificate

2. To proceed with Grant of probate

3. Introduce the list of assets in the inheritance to Finance

4. Pay, if applicable, the Stamp duty (the wife is exempt)

5. Start to Sharing of assets, by agreement or by probate

The process can be carried out through a notary when there is agreement, or through the courts in case of conflict.

The role of a solicitor in probate and inheritance cases

O Solicitor in divisions and inheritances plays an essential role in supporting the wife in the event of the husband's death, specifically to:

• Clarify the quota to which you are entitled

• Prepare the list of assets based on the marriage regime.

• To ensure that your rights are not harmed by other heirs.

• Validating or contesting testamentary provisions.

• Representing the wife in probate or estate division proceedings.

This support is particularly important when there are real estate, joint bank accounts, wills, or children from different relationships.

Conclusion

The question A spouse is entitled to inherit from their deceased husband. It is clearly defined in Portuguese law: the wife is a legal heir and is entitled to a share of the inheritance, regardless of the existence of other heirs or a will.

The value of your share depends on the marital property regime, the existence of descendants or ascendants, and the provisions made by the deceased. However, your position is protected by law, and it is possible to resort to legal mechanisms to defend these rights whenever necessary.

Having the support of a specialized lawyer is the best way to ensure a fair, legal, and peaceful division of assets.