The recent statement from the Council of Ministers on March 12, 2026, brought to the discussion a possible significant change in the legal regime of inheritances in Portugal.
The issue at hand is the Government's intention to allow a single heir to initiate the sale process of a property that is part of an undivided inheritance, eliminating the need for consensus among all heirs.
This proposal could represent a significant change in the management of inherited assets, with a direct impact on resolving blocked situations and on the efficiency of sharing processes.
What is an undivided inheritance?
According to the jurisprudence of the higher courts, an inheritance is considered to exist undivided when the inheritance has already been accepted by the heirs, but has not yet been divided among them.
This situation differs from what is called a "vacant inheritance," in which there is still no clear definition of the heirs or the acceptance of the inheritance has not been formalized.
In practice, an undivided inheritance corresponds to a transitional, but often prolonged, state in which several heirs are joint owners of a common estate, without a material division of the assets.
The current regime: the need for unanimity.
Under the current legal framework, the sale of a property belonging to an undivided inheritance depends on the consent of all heirs.
This means that any heir can, in practice, prevent the sale from taking place, exercising a true right of veto.
Although this system aims to protect the individual rights of each heir, in reality it can lead to deadlock situations, especially when there are family disagreements, differing economic interests, or a lack of consensus regarding the destination of the property.
The government's proposal: more agility in sales.
Faced with these difficulties, the Government admits to changing the current regime, allowing the initiative to sell an undivided property to come from just one heir.
Should this change come to fruition, unanimous agreement will no longer be required to initiate the alienation process, significantly reducing obstacles to the management and liquidation of inherited assets.
This measure is part of a logic of simplification and efficiency, seeking to respond to a practical reality often marked by prolonged impasses.
Practical impact for heirs and investors
The eventual approval of this legislative change could have several significant consequences.
On the one hand, it will allow for the unlocking of situations where properties remain unused or without appreciation for years, due to a lack of agreement between heirs.
On the other hand, it could significantly accelerate sharing processes, making them faster and more predictable.
For investors, this change could also represent an increase in the supply of real estate on the market, especially those properties that are currently "stuck" in undivided inheritances.
Between efficiency and protection of rights
Despite the obvious advantages in terms of simplification, this change also raises relevant legal questions.
Eliminating the unanimity requirement may raise concerns about protecting the rights of heirs who disagree with the sale, requiring a balanced legal framework that safeguards the interests of all parties involved.
Therefore, it will be essential to monitor how this measure will be implemented from a legislative standpoint, particularly regarding any protection and compensation mechanisms that may be foreseen.
What could change in practice?
If this proposal is approved, the paradigm of inheritance management in Portugal could change significantly.
Situations that currently require lengthy negotiations between heirs could be resolved more quickly, reducing conflicts and allowing for more efficient asset management.
For heirs, this means greater predictability and decision-making power. For the market, it could translate into increased dynamism and liquidity of certain real estate assets.
A Change with an Impact on Inheritance Management
The Government's proposal represents a clear attempt to adapt the legal framework to the practical reality of undivided inheritances.
By allowing a single heir to initiate the sale of a property, the aim is to overcome frequent obstacles and promote greater efficiency in inheritance processes.
However, the true impact of this measure will depend on its legislative implementation and the balance that is achieved between procedural efficiency and the protection of heirs' rights.
This article does not replace consulting the relevant legislation, nor does it hold Prime Legal responsible.
