Best Inheritance Law Lawyers in Lisbon

About Inheritance Law in Lisbon, Portugal

Inheritance law in Portugal is primarily governed by the Portuguese Civil Code, which sets out how estates are divided when someone dies, whether there is a will or not. In Lisbon, as in the rest of the country, rules cover the validity of wills, how assets are valued, and who inherits when there is no will. The framework also addresses the protection of close relatives through reserved portions known as the legítima.

Key processes include preparing a will (testamento), if desired, or proceeding through intestate succession (sucessão legítima) when there is no valid will. Inheritance matters typically involve steps such as inventory (inventário) and eventual distribution (partilha) of assets. Notaries and courts collaborate on the administration and formalization of these processes depending on the case.

To understand your rights and duties, it is essential to know that Portugal also recognizes cross-border inheritance issues. When family members or assets are abroad, jurisdiction and recognition rules may apply differently, requiring careful legal coordination.

Regulation (EU) No 650/2012 on jurisdiction and recognition of judgments in matters of succession governs cross-border inheritance within the European Union, including cases with Portuguese assets.

The Portuguese Civil Code governs succession, including wills, legítima, and the order of heirs in Portugal, which affects residents of Lisbon as well as non-residents with assets there.

Why You May Need a Lawyer

Finding the right legal counsel is crucial in complex inheritance matters in Lisbon. Below are concrete scenarios where a lawyer can make a difference.

• A dispute over a will or alleged lack of capacity at the time of signing a will in Lisbon, with competing claims from children and a surviving spouse.
• Assets located in Lisbon, including real estate, are part of a multi-jurisdiction estate with foreign heirs and a mix of Portuguese and foreign wills.
• An intestate estate requires inventory, valuation, and a formal partilha among several heirs who disagree on asset distribution.
• There is suspicion that a will or transfer was incorrectly executed, misreported, or obtained under undue influence by a party in Lisbon.
• You need to opt for an extrajudicial inventory (inventário extrajudicial) notary procedure but all heirs demand a streamlined or tax-efficient solution.
• Tax considerations arise, including the application of the Imposto do Selo (Stamp Tax) or transfers affecting real property in Lisbon.

Local Laws Overview

The legal framework for inheritance in Lisbon includes core Portuguese laws and cross-border instruments when applicable. The most direct framework is the Portuguese Civil Code, which governs succession rules, will validity, and reserved portions for heirs.

Regulation (EU) No 650/2012 addresses cross-border inheritance within the European Union, clarifying jurisdiction and the recognition of cross-border decisions. This regulation helps determine which country handles the probate and how foreign judgments are recognized in Portugal.

In addition to civil rules, the tax aspects of inheritance fall under the Código do Imposto do Selo, which covers stamp tax obligations related to transmissions of property as part of succession. Tax implications can significantly impact the total value available to heirs.

Relevant laws to review include:

• Código Civil Português - the main source for succession rules, testaments, legítima and the order of heirs.
• Regulamento (UE) No 650/2012 on jurisdiction and recognition of judgments in matters of succession - governs cross-border cases in the EU, including Portugal.
• Código do Imposto do Selo - imposes stamp tax rules on certain inheritance transfers and related transactions.

The above laws apply to residents of Lisbon and anyone with assets in Lisbon, including real estate, bank accounts, and securities. For precise provisions, consult official texts and seek guidance from a lawyer who specializes in Inheritance Law in Lisbon.

Frequently Asked Questions

What is a will and why should I have one in Lisbon?

A will is a legal document that directs asset distribution after death. It helps reduce disputes and can streamline the partilha process if prepared correctly in Lisbon.

How do I start an inventory for an estate in Lisbon?

Begin with a formal appointment with a solicitor or notary to identify all assets, debts, and heirs. An inventory aggregates property values for the partilha process.

When does the legítima apply in a Lisbon estate?

Legítima is the portion of the estate reserved for close heirs. It applies regardless of a will when heirs qualify under Portuguese law.

Where can I file an extrajudicial inventory in Lisbon?

Extrajudicial inventories can be executed at a notary's office when all heirs agree and are represented by a lawyer, avoiding court procedures.

Why might I need a cross-border inheritance lawyer in Lisbon?

Cross-border estates involve different jurisdictions and tax rules. A specialist helps coordinate jurisdiction and tax planning across countries.

Can a non-resident inherit real estate in Lisbon?

Yes, non-residents can inherit Portuguese real estate, but they must comply with Portuguese succession rules and tax obligations.

Should I hire a solicitor for a will in Lisbon?

Yes, a solicitor ensures the will complies with Portuguese formal requirements and minimizes challenges by other heirs.

Do I need to pay Stamp Tax on an inheritance in Lisbon?

Stamp Tax may apply to certain transfers of property as part of an inheritance. A lawyer can assess your specific obligations.

Is a Portuguese will valid abroad or in another EU country?

Validity depends on cross-border recognition rules and the applicable jurisdiction. EU rules may affect recognition of the will.

How long does probate or inventory typically take in Lisbon?

Simple inventories may take a few months; complex estates with multiple heirs can extend to a year or more depending on cooperation and assets.

What documents should I gather to start an inheritance case?

Gather identity documents, the death certificate, the will if any, titles of property, financial statements, and a list of heirs.

Additional Resources

• Gov.pt - Official gateway to public services, including guidance on inheritance procedures and civil law resources.
• Portal da Justiça - Official portal with information on notaries, inventories, and probate processes.
• EUR-Lex - Access to Regulation (EU) No 650/2012 on jurisdiction in matters of succession and cross-border inheritance issues.

Next Steps

1. Define your objective: determine whether you need a will, probate, or dispute resolution. Timeline: 1-2 days.
2. Gather all relevant documents: death certificate, property deeds in Lisbon, bank statements, and existing wills. Timeline: 1-2 weeks.
3. Identify heirs and potential conflicts: list all interested parties and potential disputes. Timeline: 1 week.
4. Consult a Lisbon Inheritance Law solicitor: book an initial consultation to assess case viability and strategy. Timeline: 2-3 weeks for first meeting.
5. Choose a strategy: decide between extrajudicial inventory or court probate, and plan tax implications with your solicitor. Timeline: 1-2 weeks after meeting.
6. Prepare required documents for proceedings: obtain notarized copies, valuations, and legal opinions as needed. Timeline: 2-4 weeks.
7. File the case or proceed with an extrajudicial inventory: commence formal proceedings and monitor progress with your solicitor. Timeline: 1-12 months depending on complexity.