Undivided inheritances. What can change with the new rules in three points

Jthe government has six months to approve the legal regime that allows the sale of buildings in undivided inheritance at the request of a single heir. After all, what is the purpose of the Executive and what can change? 

Ao News to Minutes, DECO PROTESTE underlines that “there are not yet known details once the diploma has not yet been published in Diário da República”, but cites the March statement of the Council of Ministers when the measures were adopted, and referred to “that it was intended to extend ‘the possibilities and powers of succession planning’, to strengthen the ‘mechanisms that speed up the resolution of the inheritance in case of impasse with recourse to subsequent arbitration’”.

In addition, the consumer protection organisation recalls that “the government has also ensured that the State does not ‘force any division’ of the inheritances” and that the “new legislation seeks only to create incentives for the heirs to agree on the fate of the inherited properties”. 

What can change in three points

In view of what is known so far, the DECO PROTEST explains in three points what may change: 

1. the owner of the estate may have more powers to decide how his assets will be divided after his death;
2. will be possible appeal to succession arbitrationoutside the courts to facilitate conflict resolution;
3. a single heir may begin the process of selling a property to be part of an undivided inheritance.

DECO PROTECTION recalls that the “most recent Censuses identified about 485 thousand vacant dwellings in good housing conditions, of which approximately half are vacant without intention of sale or lease“.

“The Government considers that a significant part of these properties is associated with undivided inheritances. According to government data, at least 3.4 million rustic buildings are inserted into undivided inheritances ", the organization advances. 

The opinion of DECO PROTIES

The consumer protection organisation underlines that the “details of the new regime, which may be changed until final approval”, but “having regard to the government’s estimate that there are thousands of unshared properties, DECO PROTEST considers that this measure may contribute to increase the available housing supply, either for purchase or for lease, through the placing on the market of properties currently unavailable“. 

The new rules were adopted in general on June 3, as part of a legislative package with which the government intends to increase the supply of houses for sale or lease in a context of housing crisis.

During the discussion that preceded the special vote, Social Democratic MEP Paulo Marcelo placed 485 thousand vacant family housing. Regarding the rustic buildings, he estimated the existence “of 3.4 million paralyzed, without a defined owner, which leads to these lands not being treated, not being cleaned”, making them conducive to fires.