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Inheritance and Percentages: What Each Legitimate Heir Receives According to Portuguese Law

The percentage of the right to inheritance of a legitimate heir (spouse, descendants and ascendants) may differ depending on the context.

Firstly, the value of the reserved share, which is the part of the inheritance to which the legitimate heirs are always entitled, in certain circumstances is 2/3, in others 1/2 and it is even possible to be 1/3.

For example:

  • f the heirs are the spouse and two children, their reserved share is 2/3 of the inheritance.
  • If the heir is only the spouse, because there are no descendants or ascendants of the deceased, the reserved share will be 1/2.
  • If the deceased’s only heirs are his grandparents, their reserved share will only be 1/3 of the inheritance.

This means that, if he wishes so, the succession author can only distribute, either by donation or by will, the remaining part of his inheritance, known as the available share. But not the portion of the reserved portion of these heirs.

It should also be noted that when an heir rejects the inheritance, this can change the expected percentage of the reserved share.

Finally, the division of the inheritance between the legitimate heirs is not always equal. The spouse who inherits will always be entitled to at least 1/4 of the inheritance to be divided among the legitimate heirs.

Therefore, when it comes to dividing an inheritance, there is a lot to be done. Namely, making the correct calculation of the inheritance, calling assets into collation, as well as all the donations and gifts made during the lifetime of the author of the inheritance.

Nuno Pereira da Cruz Partner
Joana Brito Silveira Trainee Lawyer