In Portugal, the law of succession dictates who is entitled to inherit the estate of someone who has passed away without having any children. In the absence of direct descendants, the law of inheritance states that the surviving spouse and other relatives have the right to claim the deceased’s assets. This article will explore the legal framework of inheritance in Portugal, who are the heirs of those without children, and the importance of making a will.
Who Are the Heirs of Childless Portugal?
In Portugal, the surviving spouse of the deceased is the first heir in line for the inheritance. If there is no surviving spouse, the deceased’s parents become the heirs. If the deceased’s parents have also passed away, the siblings of the deceased are next in line for the inheritance. If the deceased had no siblings, the next of kin become the heirs. This includes the deceased’s aunts, uncles, cousins, nieces, and nephews.
Understanding Inheritance Laws in Portugal
In Portugal, the law of succession follows a strict order of inheritance. The surviving spouse has the right to inherit the entirety of the deceased’s estate if there are no other heirs. However, if there are other heirs, the surviving spouse is only entitled to a portion of the estate. The remaining portion is then divided among the other heirs according to the order of succession.
The law of succession also states that if the deceased had no surviving spouse or other relatives, the estate is then passed to the Portuguese state. This is done in order to ensure that the deceased’s assets are not left unclaimed.
In Portugal, it is also important to note that a will can override the law of succession. This means that if the deceased had made a will, the heirs will be chosen according to the wishes of the deceased. The will can also be used to disinherit certain heirs.
In Portugal, the law of succession dictates who are the heirs of those without children. The surviving spouse is the first in line for the inheritance, followed by the deceased’s parents, siblings, and other relatives. If the deceased had no surviving spouse or other relatives, the estate is passed to the Portuguese state. It is important to note that a will can override the law of succession and be used to disinherit certain heirs.