18 February 2021, Alberto Perez Cedillo

Succession Law glosary-Portugal

Benefício de inventário–Corresponds to the right that the heir has to make the acceptance of the inheritance depend on the inventory of the assets that make up the inheritance of the deceased. The final acceptance will only take effect upon the determination of the existence of the assets and liabilities of the inheritance.

Cabeça-de-casal–Is the administrator of the inheritance until its liquidation and sharing.

Certidão matricial–Corresponds to the document identifying the property tax elements, namely, location, area, characterization, confrontations, asset value. Each property is identified by a matrix registration number and its parish and municipality. Since the property is constituted in horizontal property, it is still identified by the letter that corresponds to the fraction.

Certidão predial–Corresponds to the document with the identification of the owner of the property, in terms of ownership, exposing the history of the property, from its construction, possible sales, hereditary successions, mortgages, arrests, liens, etc. Each property is identified by a number of property description and its parish and municipality. Since the property is constituted in horizontal property, it is still identified by the letter that corresponds to the fraction.

Colação–Is the designation given to the operation corresponding to the “return” of the value corresponding to the donations made in life to descendants who are heirs.

Conservatória do Registo Predial –Public entity which concentrates the information on real estate, the building point of view and where it comes to acts of land registration of real estate, such as, for example, its transmission.

Efeito declarativo do Registo Predial –Means that, with the completion of registration, it is stated that the act committed was recorded by advertising the fact that led to registration, adding nothing about the substantive reality.

Efeito constitutivo do Registo Predial –Means that the constitution or transmission of a right depends on the registration. An example of a constitutive registration is the mortgage.

Escritura pública de compra e venda –Contract granted between buyer and seller, with the agreed terms of the purchase and sale, being such agreement drawn up before a notary.

Escritura pública de habilitação de herdeiros –Document drawn up before a notary, in which the deceased is identified the date of death and his heirs.

Herdeiro–Person who contends for the succession of the deceased.

Herdeiro legitimário –Heirs who, by law, cannot be removed from the succession.

IMI (Imposto Municipal sobre Imóveis) –Corresponds to the tax levied on the net asset value of real estate located in Portugal and whose income reverts to the municipalities where they are located. It is responsible for the payment of IMI, who owns the property on December 31 of each year.

Inoficiosidade–Corresponds to the liberalities (donations) that offend the legitimate of the legitimate heirs. Ineligible donations are reducible to the request of legitimate heirs as long as it is necessary for the legitimate legitimacy to be fulfilled.

Inventário–A process that aims to end the hereditary communion or, if there is no need for sharing, to relate the assets that are the object of succession and to serve as a basis for the eventual liquidation of the inheritance.

Legado –Corresponds to a certain good that is left, by testament, to a certain person who can be simultaneously heir. To the legitimating heirs, the testator can institute legacies, in substitution or for the legitimate account. To persons who are not legitimate heirs, the testator can establish legacies, due to the available quota.

Legatário –Person to whom the legacy is made, and may or may not be heir.Menor –Person under the age of 18.

Notário –Person instituted with powers to give legal form and confer public faith to extrajudicial legal acts.

Número de identificação fiscal –Identification of each taxpayer, with the Tax Administration, by means of a number.

Participação do óbito –Procedure to inform the Tax Administration of the death of a person, with identification of the heirs and assets (assets and liabilities) that make up the inheritance, with a view to the settlement of taxes due.

Quota indisponível –Also called legitimate, corresponds to that part of the deceased’s inheritance that is not at his free disposal. This unavailable quota varies depending on the number of heirs. In calculating the unavailable (or legitimate) quota, account must be taken of the value of the assets at the date of death of the deceased, as well as the value of the assets donated, the expenses subject to collation and inheritance debts.

Quota disponível –Corresponds to the part of the inheritance that the deceased can freely dispose of.

Redução da inoficiosidade–Consists on the lawsuit by which the heir, whose legitimate has been affected by donations made in life, requires that the donations effected be reduced to the extent necessary to allow their share to be restored. The right to reduction action shall lapse within two years from the date of acceptance of the inheritance.

Residência habitual –Corresponds to the place where the person is domiciled in stable and non-occasional terms.

Testamento –A final disposition, in which the testator identifies who wants to leave his assets with respect to his available quota, and may also establish legacies.

Valor patrimonial –Corresponds to the value determined by means of an assessment made in accordance with the rules of the IMI Code, and this amount is recorded in the property matrix.

Lisbon, Februray 2017

(João Perry da Câmara)