Although the objective of the proposal is to end impasses when heirs disagree, the Government foresees that inheritances will remain undivided for five years in the event of an agreement, with possible renewals.
The government’s proposal to change the legal regime of inheritances and resolve disputes that lead to prolonged blocks in the sharing of assets maintains the possibility of heirs agree on the division of inherited assets for a period of up to five years, renewable by new conventions.
The novelty is the flexibility of the procedure, which may now be formalized through an authenticated private document. However, this type of agreement continues to require unanimity among heirs and prevents any of them from resorting to the judicial sale of real estate while it is in force.
The proposal also introduces changes to the role of the so-called “head of couple”, responsible for administering the inheritance. Five years after the opening of the succession, this now has the duty to promote sharingeither by agreement or, in the absence of this, through the inventory process. Even so, this initiative is subject to the non-existence of non-sharing agreements or the passage of two years after their expiry.
Furthermore, the head of the couple gains new powers, being able to collect inheritance claims more broadlywithout depending on current legal limitations. You can also sell perishable goods, as long as you act diligently and responsibly, explains the .
Another relevant change concerns the strengthening of the role of the executor. The proposal envisages the creation of a figure with effective sharing powers, capable of carry out the division of assets and fulfill inheritance obligationseven without the agreement of the remaining heirs. This measure raises concerns when the executor may simultaneously be an heir, increasing the risk of conflicts of interest. The position may also be paid, unlike the current regime.
Finally, the diploma establishes new rules for situations involving unborn or unborn heirs. In these cases, sharing may be delayed until live birthor for a maximum period of five years, guaranteeing the future rights of these heirs.
