What happens to the inheritance if an heir dies before the testator?

"Family by Law" is a Caiado Guerreiro segment, developed by Stéfanie Luz, partner and team leader of the Family and Succession department, where questions and doubts related to this area of law are clarified.
Articles 29/04/2025

If an heir passes away before the succession is opened, their inheritance share will be transferred to their direct descendants (children, grandchildren) under the principle of succession representation. If the deceased heir has no descendants, their share will be redistributed among the remaining heirs in accordance with the rules of intestate succession.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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Practice Areas

  • Family and Inheritance

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