The new rules allow for a process to sell properties from undivided estates even without the agreement of all heirs.
Source: Adobe Stock
Author: Redaction
Property sales can be unblocked
The President of the Republic, António José Seguro, has enacted the legislation authorising the Government to create a new regime for undivided estates. The measure aims to facilitate the sale of properties when heirs cannot reach an agreement. The new special procedure will apply to properties forming part of undivided estates that have not yet been divided when the rules come into force. In this way, one heir may request the sale of the property through a specific procedure, even without the agreement of all the others.
The aim is to prevent disagreements between family members from leaving a property unused or delaying the completion of the estate division for long periods.
Not all properties are covered
Despite the change, there are situations that are excluded from the new sale procedure. The family home cannot be covered, unless the surviving spouse gives their express consent. The same protection applies to de facto unions.
Undivided estates that are in a state of insolvency are also excluded.
The new rules are expected to cover estates that have been opened but not yet divided when the regime comes into force.
New rules for managing the estate
The legislation also introduces changes to how an undivided estate can be administered. In certain situations, the heirs may choose, by simple majority, another person to take over the administration of the estate and the duties of executor of the estate. It also creates the possibility of appointing a testamentary executor with powers to divide the estate. This person may take on functions related to the administration, liquidation and division of the assets, with the aim of making the succession process simpler.
The rules governing the exercise of these functions will be defined later by the Government.
What should heirs know?
For those who own a property that forms part of an undivided estate, the main change is the possibility of unblocking a sale when there is no agreement between all the parties involved. However, the regime does not mean that any property can automatically be sold at the request of a single heir. There are exceptions, and the procedure laid down in the new legislation must be followed.
The Government will have 180 days, after the legislative authorisation comes into force, to approve the rules implementing this new regime for undivided estates.
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