Question from Options, Can Grandparents Disinherit Their Sons in Favor of Their Grandchildren in Portugal?
Answer from AI:
In Portugal, the law of succession is governed by the Portuguese Civil Code. The law provides for a system of forced heirship, which means that a certain portion of a person’s estate, known as the “legitimate portion”, must be left to certain close relatives, known as “forced heirs”.
Who are the Forced Heirs?
Under Portuguese law, the forced heirs are:
- The descendants (children, grandchildren, etc.)
- The spouse
- The ascendants (parents, grandparents, etc.)
Can a Son be Disinherited?
In general, it is not possible to disinherit a forced heir without a valid legal reason. The law provides for a limited number of grounds on which a forced heir can be disinherited, such as if the heir has been guilty of serious misconduct towards the deceased.
Can Grandchildren be Favored?
While it is not possible to disinherit a son in favor of a grandchild without a valid legal reason, it is possible to leave a larger portion of the estate to the grandchild than to the son. However, the total amount left to the forced heirs must not be less than the legitimate portion.
The law of succession can be complex and it is always advisable to seek legal advice when planning your estate. A lawyer can help you understand your rights and obligations and can guide you through the process of making a will.
Please note that this information is a general guide and not intended to be legal advice. For personalized advice, you should consult with a legal professional. You can find more information about the law of succession in Portugal on the Portuguese Civil Code.