Inheritance Laws in Guinea-Bissau
Inheritance laws in Guinea-Bissau are primarily governed by the Civil Code of the country, which is influenced by Portuguese law, as Guinea-Bissau was once a Portuguese colony. The country follows a civil law system, and the laws relating to inheritance are designed to ensure the orderly distribution of a deceased person's estate.
Here’s an overview of inheritance laws in Guinea-Bissau:
1. Testate Succession (Inheritance According to a Will)
In Guinea-Bissau, individuals have the right to make a will to specify how their estate should be distributed after their death. If a valid will exists, it will generally determine the distribution of assets according to the deceased’s wishes.
Requirements for a Valid Will:
To ensure that a will is legally valid in Guinea-Bissau, the following conditions must be met:
- Written: The will must be in writing, whether handwritten or typed.
- Signed: The testator (person making the will) must sign the will.
- Witnesses: The will should be signed by at least two witnesses who are not beneficiaries under the will.
- Capacity: The testator must be at least 18 years old and must have the mental capacity to make the will.
- Notarization: While notarization is not strictly required, it can add an extra layer of legal assurance and help avoid disputes.
Types of Wills:
- Holographic Will: A handwritten will made by the testator. This type of will does not require witnesses but must be entirely written and signed by the testator.
- Public or Notarial Will: A will drafted and signed in the presence of a notary and witnesses. This form of will provides a higher degree of formality and security.
Freedom of Testation:
The testator generally has the freedom of testation, meaning they can choose how to distribute their estate. However, there are restrictions when it comes to forced heirship, which guarantees certain family members a portion of the estate, even if the deceased made a will.
2. Intestate Succession (Inheritance Without a Will)
When a person dies without a valid will (intestate), the estate is distributed according to the rules of intestate succession outlined in the Civil Code of Guinea-Bissau. The estate is typically divided among the closest relatives.
Order of Intestate Succession:
The order in which the deceased's estate is distributed depends on which family members are still alive:
Spouse and Children:
- If the deceased was married and had children, the estate is divided between the spouse and the children.
- The spouse typically inherits one-third of the estate, and the remaining two-thirds is divided equally among the children.
- If there is only one child, that child will inherit the two-thirds of the estate.
- If the deceased had no children but was married, the spouse inherits the entire estate.
Children Only:
- If there is no surviving spouse, the entire estate goes to the children, divided equally among them.
- If there is only one child, that child will inherit the entire estate.
No Spouse or Children:
- If the deceased has no spouse or children, the estate passes to more distant relatives, such as parents, siblings, uncles, and aunts, according to a specific order of priority set out in the Civil Code.
No Relatives:
- If the deceased has no surviving relatives, the estate is passed to the state.
3. Forced Heirship and Legitime
Guinea-Bissau has forced heirship laws, which mean that certain relatives, such as children and spouses, are entitled to a portion of the deceased's estate, regardless of the terms of the will.
- Children have the right to inherit a portion of the estate, typically two-thirds of the estate, even if the deceased has made a will that otherwise distributes the estate differently.
- Spouses also have a right to a share of the estate. If there are children, the spouse typically receives one-third of the estate. If there are no children, the spouse inherits the entire estate.
The deceased cannot completely disinherit their children or spouse under Guinea-Bissau’s laws, except in rare circumstances.
4. Inheritance Rights of the Spouse
In Guinea-Bissau, the surviving spouse has a right to inherit a portion of the deceased's estate, even if the deceased had children or made a will. The surviving spouse is typically entitled to one-third of the estate if there are children. If there are no children, the spouse inherits the entire estate.
5. Inheritance Rights of Children
Under Guinea-Bissau's inheritance laws, children (whether biological or adopted) are the primary heirs. The estate is typically divided equally among the children in the absence of a will.
- If there are children and a surviving spouse, the children share two-thirds of the estate, while the spouse inherits the remaining one-third.
- If there are no children, the spouse inherits the entire estate.
- Illegitimate children (those born outside of marriage) have the same inheritance rights as legitimate children.
6. Probate and Estate Administration
The probate process in Guinea-Bissau is overseen by the court system. If the deceased had a will, the executor (appointed by the will) is responsible for administering the estate, including paying off debts and distributing assets to the heirs. If no will exists, the court may appoint an administrator to manage the estate and ensure that it is divided according to the rules of intestate succession.
The probate process ensures that the estate is legally distributed, and it is required before assets can be transferred to heirs.
7. Inheritance Tax
Guinea-Bissau does not have an inheritance tax or estate tax on the transfer of assets upon death. However, some administration fees may be charged during the probate process, including court fees and legal fees for executing the will or managing the estate.
8. Disputes Over Inheritance
Disputes over inheritance may arise, particularly in cases of challenging a will or disagreements among family members. Common disputes include:
- Claims of undue influence: Family members may challenge a will if they believe it was made under duress or if the deceased was mentally incapable.
- Claims for a larger share: Forced heirs (such as children or spouses) may seek a larger share of the estate if they believe the distribution was unfair.
- Disagreements over the distribution of assets: Disputes may also arise if the estate is large or complex, or if heirs have conflicting opinions about how to divide the property.
In case of such disputes, the court system in Guinea-Bissau will adjudicate the matter according to the law, interpreting the will (if one exists) and applying the relevant provisions of the Civil Code.
9. International Considerations
If the deceased owned property or assets outside Guinea-Bissau, the inheritance of those assets may be subject to the laws of the country where the assets are located. Guinea-Bissau recognizes foreign wills, but the administration of foreign assets may need to comply with the relevant laws in the jurisdiction where the assets are located.
In cases of inheritance involving international assets, it is advisable for heirs to consult legal professionals who can help navigate the complex process of cross-border inheritance.
Conclusion
Guinea-Bissau's inheritance laws aim to balance the rights of the deceased's family members, ensuring that close relatives, such as spouses and children, inherit a portion of the estate, even if there is a valid will. The laws also provide for forced heirship, preventing individuals from completely disinheriting their children or spouse. While there is no inheritance tax, the probate process must be followed to ensure the proper distribution of assets.
For those involved in an inheritance dispute or seeking to make a will, it is advisable to consult with legal professionals in Guinea-Bissau to ensure compliance with the relevant laws and procedures.
RELATED Blog
0 comments