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Inheritance is a delicate but essential topic, especially when it involves legal questions about who inherits what. One of the expressions that sometimes causes confusion is... great inheritance. Although not a common expression in current legal vocabulary, it has been popularly used to designate the legitimate portion of the inheritance that is mandatorily due to certain heirs.

In this article we explain what a grand inheritance is, who is entitled to it, what Portuguese law says, and why it is essential to have legal support to ensure that rights are respected.

What is the great inheritance?

In practice, when we talk about a great inheritance, we are referring to... legitimate, that is to say, to part of the inheritance reserved by law for the legitimate heirs., regardless of the existence of a will. The legitimate portion is a part of the inheritance that cannot be excluded not even by the deceased's express wish.

A great inheritance This corresponds, therefore, to that portion protected by law and mandatorily attributed to certain family members, such as children, spouses, and parents.

This concept is enshrined in Portuguese Civil Code, us Article 2156 and following, which establish the rules of intestate succession and the rights of forced heirs.

Who is entitled to the great inheritance?

Those entitled to the great inheritance are forced heirs, defined in article 2157 of the Civil Code:

• Children and descendants (grandchildren, great-grandchildren)

• Surviving spouse

• Ancestors (parents, grandparents), when there are no descendants.

These heirs are entitled to a share of the inheritance even if there is a will stating otherwise. In other words, the testator cannot freely dispose of all of their assets. if there are legitimate heirs.

How is a great inheritance calculated?

The calculation of the grand inheritance depends on the number and degree of the legal heirs. The law determines that the legal portion represents a minimum quota of the total inheritance:

• If the deceased has children (with or without a spouse), the legitimate share will be... half of the inheritance

• If you only have a spouse or only ascendants, the legitimate share will be... one third

• If there are children and a spouse, the legal share remains at half, divided between them.

What remains of the inheritance after the legal share is the available quota, which can be left in a will to whomever the deceased wishes, such as friends, institutions, or other family members.

What if the inheritance is not respected?

When the legal share (or grand inheritance) is not respected, the legitimate heirs may to challenge the will or any donation made during their lifetime that violates their rights.

For this, it is essential to resort to a Lawyer with experience in inheritance law., who will be able to assess whether there has been a violation of the legitimate share, calculate the amounts owed, and propose the necessary legal actions.

This type of process may include:

• Reduction of testamentary dispositions

• Request for restitution of assets donated during one's lifetime.

• Claiming their rightful share of the inheritance.

What is the role of a lawyer in cases involving substantial inheritance?

A supportive Solicitor It is essential to ensure that the rights of legitimate heirs are respected, especially when there are family conflicts, poorly drafted wills, or doubts about donations made during life.

The lawyer helps to:

• To interpret and apply the law correctly.

• To verify if the great legacy is being respected.

• Represent the heirs in court, if necessary.

• To mediate agreements and facilitate the fair distribution of inheritance.

Furthermore, a lawyer can oversee the entire inheritance process, from identifying heirs to drafting the deed of partition, preventing errors that could lead to lengthy litigation.

You can consult an official summary about the succession and inheritance process at [website address]. Practical guide to the Justiça.gov.pt portal.

Conclusion

A great inheritance This corresponds to the legal share of heirs protected by law and cannot be ignored or replaced by testamentary provisions. Children, spouses, and parents have guaranteed rights, and whenever these rights are called into question, they must be defended on a legal basis.

The presence of a lawyer is essential to correctly interpret the situation, protect the rights of the legitimate heir, and ensure that the division of the inheritance takes place in a fair and legal manner.