Portugal · Families · Information, not legal advice — as at 2 November 2026
When an heir is under 18
When one of the heirs is a child, Portuguese law adds one step before the family can sign the division: a court's permission. It is not a sign that something has gone wrong. It is how the law makes sure a child's share is protected, and it is a well-trodden step. Here is what it involves and how to do it calmly.
Who signs for a child?
Normally the child's parents, as the child's legal representatives (Código Civil, art. 1878.º). If neither parent can act, a guardian does.
And if the parent is also an heir?
This is the usual case: a father dies, and the mother and the children inherit together. The mother is then on both sides of the same division, so the law does not let her also sign for the child. Instead, the court names someone else to sign for the child, a «curador especial», often a relative (Código Civil, arts. 1881.º n.º 2 and 1890.º n.º 4). This says nothing about the mother. It is simply a rule against anyone being on both sides of the same agreement.
Do we need permission to divide the inheritance?
Yes. Parents may not agree a division of an inheritance on a child's behalf without permission (Código Civil, art. 1889.º, n.º 1, point l). If the parent is also an heir, the COURT gives the permission. Your lawyer asks for the permission and for the curador in one application (Código de Processo Civil, art. 1014.º n.º 5; Decreto-Lei 272/2001, art. 2.º, n.º 2, point b). If the parent is not an heir (for example, a child inheriting from a grandparent alongside aunts and uncles), the Ministério Público gives it (Decreto-Lei 272/2001, art. 2.º, n.º 1, point b).
Can a parent just sign a power of attorney instead?
No. A parent who is also an heir has no power to represent the child in this division, so there is nothing to hand on by power of attorney. A parent can still give a power of attorney for their OWN share.
Does a child heir mean the case has to go to court for an inventário?
No. Families with a child heir can still divide by agreement, at a notary or a Balcão Heranças, once they have the court's permission. An inventário is needed only if the heirs do not all agree, if the Ministério Público considers the child should accept the inheritance only up to the value of what it contains, or if an heir cannot take part at all (Código Civil, art. 2102.º n.º 2).
How is the child's money protected?
Two ways. By law: where another heir keeps a property and owes the child a balancing payment (tornas), the child has a legal mortgage over that property until paid (Código Civil, art. 705.º, point e). In practice: courts usually give permission on condition that the child's money is paid at signing into a bank account in the child's name, which can be used only when the child comes of age, or with the court's further permission.
What does the court want to see?
A complete draft of the division: what the estate contains, the values, what the child receives, any balancing payment, and the account the child's money goes into. A complete application is the best way to avoid delay.
And an adult who cannot manage their own affairs?
If an heir is an adult under a court measure of «acompanhamento», everything turns on what the court's judgment says. It may let the adult sign, or give the acompanhante power to sign with the court's permission (Código Civil, art. 145.º). If the acompanhante is also an heir, the same rule against being on both sides applies (Código Civil, art. 150.º). Your lawyer reads the judgment first.
This page explains the law in general terms; it is not advice on any particular estate. If an heir in your family is under 18 or under acompanhamento, a lawyer prepares the court application — Carroll Law can help: ask us for a quote.