Legal alert no. 18

Under  the implementation of the SIMPLEX measures’ issued by the Justice Ministry for 2017, it has been published on February 7th, in the Portuguese Official Gazette, the Portaria no. 60/2017, which extends the scope of “Balcão das Heranças” (“Inheritances Desk”) as well as of “Balcão Divórcio com Partilha” (“Divorce with Sharing Desk”) to new legal transactions, related with the inheritance sharing and with the marital assets’ sharing, establishing the applicable relevant terms and conditions.

Further to the above mentioned, the simplified procedures of the hereditary succession which include sharing and of the marital assets’ sharing, dealt on the abovementioned desks, may now include loan agreements – for purposes of compensation payment – concluded by credit institutions, with or without mortgage and surety. It should be noted that, in case of setting up of a mortgage, the abovementioned procedures shall furthermore include the relevant mandatory registry.

This Portaria enters into force on March 20th, 2017.