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🔹 Undivided inheritance in Portugal: when there is no agreement between heirs

  • Writer: Sofia Pontes Cabrita
    Sofia Pontes Cabrita
  • Feb 7, 2023
  • 1 min read

In Portugal, the division of an inheritance does not depend on the unanimous consent of all heirs.



⚖️ Key points:



✔️ No one is obliged to remain in an undivided estate


Undivided inheritance is transitional in nature.


Any heir has the right to demand the division of the estate.



✔️ Agreement facilitates, but is not mandatory


When heirs reach an agreement, the division is simpler.


When they do not, the law does not allow the situation to remain indefinitely blocked.



✔️ The division may be enforced through judicial proceedings


In the absence of agreement, Portuguese law allows the initiation of judicial inventory proceedings, through which the estate is divided in accordance with the law.


✔️ Conflict does not prevent resolution


Even where disagreements exist between heirs, the process allows the undivided estate to be brought to an end and the respective shares to be determined.



👉 Key takeaway:


The absence of agreement does not mean the absence of a legal solution.



ℹ️ This content is for general information purposes only and does not replace appropriate legal advice.



 
 
 

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