Dealing with inheritance in a foreign country can be complex — especially when multiple heirs are involved and no agreement is reached. In Portugal, this situation is known as an “undivided inheritance” (herança indivisa), and it often leads to delays, legal uncertainty, and family tension.
There is now an important legal update that could help resolve these situations.
What Has Changed?
The Portuguese Government has introduced a special legal process allowing the forced sale of jointly owned inherited property, specifically designed to unblock inheritance cases that remain unresolved.
This applies when:
- A property is jointly owned by multiple heirs
- There is no agreement on how to divide or manage it
- The inheritance has remained undivided for more than two years
In these cases, one or more heirs can now initiate a process to force the sale of the property, allowing all parties to move forward.
Why Is This Important for Expats?
In Portugal inherit property either locally or as part of family arrangements. However, differences in legal systems and communication between heirs can make agreement difficult.
This new measure offers:
- A clear legal pathway to resolve disputes
- The ability to access your share of the property’s value
- A way to avoid long and costly legal battles
- Greater flexibility when managing inherited assets abroad
Key Considerations Before Taking Action
While this legal option provides a solution, it is important to carefully assess the situation. For UK expats, there may be additional factors to consider:
- Portuguese inheritance law vs UK succession rules
- Tax implications in both countries
- Emotional and family considerations
- The condition and value of the property
Seeking professional advice is strongly recommended before moving forward.
Protecting Your Property in Portugal
Whether you decide to keep or sell an inherited property, protecting your asset is essential.
At C1 Broker, we support expats in Portugal with tailored insurance solutions, including:
- Home Insurance
- Protection against damage, liability, and unexpected risks
- Support in English with full transparency
Take the Next Step
If you own or have inherited property in Portugal, understanding your rights is key to making informed decisions.
Calculate your house insurance now or speak with one of our advisors to explore how to protect your assets and secure your future in Portugal.
