Melhores Advogados de Direito das Sucessões em Lisboa

1. About Direito das Sucessões Law in Lisboa, Portugal

Direito das Sucessões in Portugal covers how a person’s assets are handled after their death. In Lisboa, as in the rest of the country, it governs wills, intestate succession, and the distribution of the estate among heirs. The process can be conducted through a notary (extrajudicial inventory) or in court (judicial inventory).

Key concepts include the legítima, which protects certain heirs, and the quinhão, the share allocated to each heir under the law. Lisbon residents often encounter real estate in the city, making property disposition a central issue in succession cases. A lawyer helps ensure compliance with formal requirements and protects clients’ rights throughout the process.

Notaries and attorneys in Lisboa frequently coordinate with registries to transfer property titles and register changes in ownership. Understanding who can inherit, what documents are needed, and how taxes apply is essential for a smooth process. This guide provides practical context for residents seeking legal advice in Lisbon.

Diário da República is the official publication where laws and regulations are published in Portugal, including succession related texts.

For current texts and official updates, reference primary sources such as the Diário da República and IRN guidance. This ensures you are following the latest rules in force in Lisboa. See the sources section for direct links to official resources.

2. Why You May Need a Lawyer

Lisboa residents frequently require legal assistance in real world scenarios involving succession. Below are concrete situations where a lawyer can provide essential help.

• You are a potential heir in a Lisbon estate with assets in multiple districts and overseas properties, needing coordinated inventories and transfer orders.
• A parent dies in Lisbon leaving a will that you believe does not properly respect your legítima rights or your share of the estate.
• Two siblings dispute how the Lisboa apartment should be divided after a parent dies, requiring mediation and possibly court intervention.
• You are named executor or administrator of an estate in Lisbon and must manage debts, inventories, and distribution under Portuguese law.
• There is a cross border element with heirs living abroad, creating issues of jurisdiction, law applicable to succession, and tax implications.
• Cross-border assets and real estate in Lisbon require notarial or judicial inventories, with careful compliance on tax and registry steps.

3. Local Laws Overview

The field of succession in Portugal is primarily governed by the Código Civil Português, especially the sections on Sucessões. This sets out how estates are distributed when a person dies, whether or not there is a will. In Lisboa, practitioners frequently navigate both notarial procedures and court proceedings depending on case complexity and heirs’ agreement.

The procedural aspects of succession are also shaped by the Código de Processo Civil, which governs how probate and inventories proceed through the courts when notarial steps are not possible or final disposition requires court involvement. Notarial inventories may be used for simpler cases, while complex estates or disputes typically proceed in court.

Tax implications of inheritance fall under the Código do Imposto do Selo (Imposto do Selo), which applies to certain transfers of assets on death. Understanding tax obligations is essential to determine the net share heirs receive and whether any exemptions or reductions apply in specific situations.

For the current texts and official practices, consult primary sources such as the Diário da República and official guidance from the Instituto dos Registos e do Notariado. These sources provide the authoritative statements of law and procedure that affect Lisboa cases. See citations below for direct links to official resources.

Key statutes by name

• Código Civil Português - governing succession, wills, legitimate shares, and intestate distribution. It is the foundational code for how assets pass by law in Portugal.
• Código de Processo Civil - governs probate and inventory proceedings in courts, including timelines, appeals, and evidentiary rules.
• Código do Imposto do Selo - governs taxation on certain instruments and transfers, including some elements of inheritance tax in Portugal.

Notes: The Civil Code is established law with ongoing updates; the exact text and amendments are published in the Diário da República. For the latest authoritative texts, consult official sources linked in the Resources section.

Diário da República is the official publication for legislative texts in Portugal, including succession rules and procedural changes.

Official guidance from the notarial and registry authorities helps clarify how inventories, transfers, and registrations are processed in Lisbon. Always verify with primary sources when planning or responding to a succession matter.

Sources for further reading and official texts include the Diário da República and the Instituto dos Registos e do Notariado. See the Resources section for direct links.

4. Frequently Asked Questions

What is the difference between a will and intestate succession in Portugal?

A will directs how assets should be distributed after death, within the limits of the law. Intestate succession occurs when there is no will, and assets pass according to statutory rules to current heirs.

How do I start an inheritance proceeding in Lisbon?

Start by gathering essential documents such as death certificates, wills, and asset lists. Contact a Lisboa lawyer to determine whether a notarial or judicial process is appropriate and to file the correct petition.

What is legítima and how does it affect heirs in Lisbon?

Legítima is the mandatory portion of an estate reserved for certain heirs, typically children and a surviving spouse or partner. It restricts how much can be freely disposed of by the deceased in a will.

How long does a simple probate take in Lisbon?

Simple, uncontested inventories managed extrajudicially can be quicker, sometimes completed within a few months. More complex cases or contested estates may take 6 to 12 months or longer in court.

Do I need a lawyer for an extrajudicial inventory in Lisbon?

Not always, but a lawyer is often advisable. A lawyer helps ensure compliance with formalities, protects legitimate shares, and coordinates with a notary for a smooth process.

How much do probate costs typically amount to in Lisbon?

Costs vary by estate value and complexity, including notary fees, court costs, and attorney fees. Simple cases may cost a few hundred euros, while complex ones can run into several thousand.

What documents are needed to open an inventory in Lisbon?

Typical documents include death certificate, identification for heirs, proof of property ownership, will (if any), and a list of assets and liabilities. A lawyer can provide a tailored checklist.

Can non-residents inherit property in Lisbon?

Yes, non-residents can inherit Portuguese assets, but international heirs may face registration and tax steps. You may need a local representative or attorney to handle formalities.

What is an extrajudicial inventory and when is it available?

An extrajudicial inventory is a notarial procedure used for simple estates with all heirs in agreement. It avoids court involvement if no disputes or debts complicate the process.

Is a will valid if it is written in another language in Portugal?

A will must meet Portuguese formal requirements to be valid. A foreign language will may be admitted if translated and properly executed in Portugal, with notarized affirmation when needed.

What is the timeline for contesting a will in Lisbon?

The contest period is defined by law and typically begins after notice of the will and discovery of grounds to challenge capacity or undue influence. Legal actions must be initiated within applicable statutory timeframes.

Where do I file an inheritance case in Lisbon?

If proceeding extrajudicially, a notary in Lisbon can manage the inventory if eligible. If contested or complex, file the case with the appropriate civil court in Lisboa district.

5. Additional Resources

Access official bodies and organizations that provide authoritative information and services related to Direito das Sucessões in Portugal and Lisboa.

• Instituto dos Registos e do Notariado (IRN) - Administers notarial acts and civil registry, including inventories and conflicting asset transfers. irn.mj.pt
• Diário da República (DRE) - Official publication for all laws, decrees, and regulatory texts. dre.pt
• Ordem dos Advogados (OA) - Professional body for lawyers, including guidance on ethics and professional conduct in succession matters. oa.pt

These resources are essential for checking the current text of laws and finding official procedures in Lisbon. Use them to corroborate any plan or document prepared with legal counsel.

6. Next Steps

1. Identify your objective, such as opening an inventory or contest a will in Lisbon, and list all assets and debts involved.
2. Gather key documents: death certificate, will, property deeds, family records, and any debts or loans tied to the estate.
3. Consult a Lisboa lawyer with experience in Sucessões to assess whether a notarial or judicial inventory is appropriate.
4. Obtain a preliminary estimate of costs, including notary fees, court costs, and potential taxes, and request a formal quotation.
5. Choose the inventory route: extrajudicial with all heirs in agreement or judicial with potential disputes, and schedule initial filings.
6. Prepare and submit the required documents to the chosen authority (notary for extrajudicial, or the civil court for judicial).
7. Monitor the process for deadlines, respond to requests for additional information, and secure timely registration of transfers at the registry.

For authoritative texts and current rules, consult official resources such as the Diário da República and IRN guidance cited above. If you need tailored guidance for a Lisbon case, a qualified attorney can help you navigate the specifics of your situation.

Sources and official references: Diário da República, Instituto dos Registos e do Notariado, Portal da Justiça, Ordem dos Advogados.