Latest news and stories about inheritance in legal in Portugal for expats and residents.
The Central Administrative Court South has ruled that the sale of inherited properties before the estate is divided is subject to capital gains tax. This decision contradicts a previous stance by the Supreme Administrative Court, which generally exempted undivided inheritances from such taxation.
The government approved reforms to succession law to prevent properties from being stuck in undivided inheritances (heranças indivisas). Under the new rules, a single heir can initiate a sale after a two-year deadlock, and the deadline to accept an inheritance will drop from ten years to two. Property owners and heirs should note these changes aim to increase housing supply by resolving long-standing family disputes.
The government is preparing changes to housing policy that would allow one heir to force the sale of an inherited property even if others disagree. The plan also includes measures to accelerate evictions for non-compliance to encourage more owners to put houses on the rental market. While the government is ending the previous policy of forced leasing (arrendamento forçado), critics argue the new “forced selling” measure is equally controversial. Property owners and heirs should be aware of these upcoming legal shifts.
The Portuguese government has proposed new legislation allowing spouses of heirs to initiate the sale of properties held within undivided inheritances, aiming to streamline property market processes.
The Supreme Administrative Court has ruled against taxing capital gains from the sale of undivided inheritances under personal income tax, yet the Tax and Customs Authority continues to challenge this stance, creating ongoing fiscal uncertainty for taxpayers.
Nearly 32,000 asset-sharing disputes are currently pending in courts and notary offices, with resolution times stretching up to seven years and the total number of affected properties remaining unknown.
The decree-law follows the legislation approved in parliament in July during the final global vote by the PSD, CDS-PP, PS, IL, and JPP.
The Portuguese government has passed a new measure aimed at resolving legal bottlenecks regarding properties or assets held in undivided inheritances.
The decree-law follows the legislation approved in parliament in July during the final global vote by the PSD, CDS-PP, PS, IL, and JPP.
The Government approved this Thursday a decree-law intended to unlock properties and land held in undivided inheritances, allowing a single heir to initiate a sale process when there is no agreement among the successors. The legislation provides for independent valuations, the possibility of an out-of-court agreement, and, as a rule, sale via electronic auction.
She made the first one while hospitalised on the 6th floor of Hospital da Luz, recovering from surgery and days after her husband's arrest for questioning. She changed it three months later, receiving the notary at the home she shared with Joe Berardo.
In Portugal, certain heirs, such as spouses and children, are protected by law as 'legitimate heirs' and cannot be easily disinherited. This guide explains the legal framework for inheritance, the concept of the 'legitimate portion' (legítima), the limited circumstances under which one can be disinherited, and the mechanisms available to challenge simulated sales or excessive donations that may infringe upon an heir's rights.
The Government has 180 days to approve the legal regime that allows for the sale of properties in undivided inheritances at the request of a single heir, according to the law published this Monday in the Diário da República. Promulgated on August 7th by the President of the Republic, António José Seguro, Law No. 49/2026 authorizes the Government...
The regime for undivided inheritances allows for the unblocking of property sales at the request of a single heir, and the transfer of the management of the inheritance and the duties of the executor to another person.
The President of the Republic, António José Seguro, has promulgated the decree that authorizes the Government to approve the legal regime allowing the sale of properties in undivided inheritances at the request of a single heir. The decree authorizing the Government to approve the Legal Regime for the Special Process of Sale of Property has thus been promulgated.
An analysis of the legal framework regarding the forced sale of real estate assets within undivided inheritances and the restrictions involved.
This is one of the main changes introduced by the Social Democratic deputies to Article 2 of the Government's bill.
Estefanía Knuth is one of the key witnesses in the investigation into Andic's death. The document would have reduced the inheritance intended for his three children. Jonathan was arrested in May on suspicion of homicide.
This question frequently arises in legal proceedings and has been analysed by the higher courts. Jurisprudence consistently holds that entering into lease agreements for a term of less than six years constitutes an act of ordinary administration. According to this position, the estate administrator may rent out the property without needing the consent of the other heirs, provided the agreed term does not exceed this limit. Conversely, when a lease agreement is signed for a term exceeding six years, the act exceeds the ordinary administrative powers granted to the administrator. In this situation, as it is an act of extraordinary administration, the consent of the heirs is required. Therefore, the need for the heirs' consent depends on the duration of the lease agreement.
The Assembly of the Republic approved the Government's proposal in the general vote. The bill will now be discussed in the parliamentary committee stage.
An analysis of the evolving legal and practical challenges surrounding the management and resolution of undivided estates.
How unshared inheritances block properties and generate conflicts, and what changes with the new legislation
The Government wants to unblock the processes of undivided inheritances, as it considers that this situation keeps a significant number of properties empty throughout the country. Through the creation of a new regime, it proposes to allow a single heir to force the sale process of an inherited property, without needing the...
There is land all over the country whose history is buried in the memories of the elderly. The grandfather knew where his ended and the neighbor's began. The children, perhaps. The grandchildren, almost certainly not. Portugal has about 3.4 million rustic properties tied up in undivided inheritances, equivalent to a third...
In this week's 'Legal Solutions', Jorge Silva, President of the Order of Notaries, clarifies questions regarding the process of donating a house to family members.
Inheritances will be unlockable by a single heir, the surviving spouse of the deceased, or an executor, a figure designated in the will to carry out the division of assets. A former president of the Bar Association expresses doubts regarding the impact of this change on the housing market.
A new court ruling contradicts a previous decision by the Supreme Administrative Court and upholds the Tax Authority's interpretation regarding the taxation of capital gains from the sale of undivided inherited property.
Luís Montenegro states that the country “cannot live with” situations where “inheritances remain undivided” indefinitely, becoming vacant properties. The housing “tax package” has finally been approved.
The Council of Ministers approved a decree today stipulating that one or more heirs may trigger the sale of properties, without the agreement of all parties, after two years of an inheritance remaining undivided.
Legislation to accelerate the processing of undivided inheritances was approved by the Council of Ministers this Friday. The Prime Minister emphasises that 'all heirs' retain their rights over the properties.
