Inheritance Laws in Angola
In Angola, inheritance laws are primarily governed by the Civil Code of Angola (Código Civil Angolano), which applies to most matters related to the inheritance of property after death. These laws regulate both testamentary succession (when there is a will) and intestate succession (when there is no will), as well as the rights of heirs, the division of the estate, and other related matters.
Here are the key aspects of inheritance laws in Angola:
1. Testamentary Succession (Wills)
- Creating a Will: In Angola, individuals have the right to create a will (testamento) to dictate how their estate should be divided after their death. A valid will must be written in accordance with the legal requirements outlined in the Civil Code. These requirements include that the will must be signed and witnessed, and in some cases, it must be notarized.
- Types of Wills:
- Public Will: A will prepared before a notary, who ensures its validity.
- Private Will: A handwritten will that is signed by the testator, but may require witnesses to be valid.
- Oral Will: In specific circumstances (e.g., when the testator is gravely ill or near death), an oral will may be accepted, but it has more limited validity and must meet strict legal conditions.
- Revocation and Modification: A testator can revoke or modify their will at any time before their death, provided that the revocation follows legal procedures.
2. Intestate Succession (Without a Will)
If a person dies intestate (without a will), their estate is divided according to the rules of intestate succession in the Civil Code of Angola. The estate is distributed among the deceased’s family members, according to their degree of kinship.
Order of Intestate Succession:
- Spouse and Children: The first priority in intestate succession goes to the spouse and children of the deceased. If the deceased had both a spouse and children, the estate is divided between them. Typically, the spouse receives a share, and the remainder is divided equally among the children.
- Children: Children are considered equal heirs, and each child receives an equal share of the estate.
- Spouse: The surviving spouse may inherit a portion of the estate. The exact share depends on whether the deceased had children. In the presence of children, the spouse's share is generally smaller. In the absence of children, the surviving spouse may inherit the entire estate or a larger portion, depending on specific circumstances.
- Other Relatives: If the deceased has no spouse or children, the estate passes to other relatives, including:
- Parents: If the deceased’s parents are still alive, they will inherit the estate in equal shares.
- Siblings: If there are no children, parents, or spouse, the estate may go to the siblings of the deceased.
- Extended Family: If there are no closer relatives, the estate may pass to more distant relatives, such as uncles, aunts, or cousins.
Note: The exact division of the estate depends on whether the deceased was married in community of property (em comunhão de bens) or out of community of property (fora de comunhão de bens), which can affect the surviving spouse’s share.
3. Forced Heirship
Forced heirship rules apply in Angola, meaning that certain family members, such as children and the spouse, are entitled to a share of the deceased’s estate, even if the deceased has made a will that might otherwise disinherit them.
- Children: Under the law, children (both legitimate and recognized illegitimate children) are entitled to a portion of the deceased’s estate. They cannot be excluded or disinherited entirely, although a person can allocate their estate to other beneficiaries for the remaining portion after the forced heirs have received their legal share.
- Spouse: The spouse is also considered a forced heir and is entitled to a portion of the estate, even if the deceased has made a will.
Forced heirship is designed to ensure that immediate family members, particularly children and spouses, are not deprived of their inheritance rights, regardless of the deceased’s wishes.
4. Inheritance of Property
The inheritance of property, including real estate, bank accounts, personal assets, and businesses, is regulated by the Civil Code. All property held by the deceased is subject to inheritance law, and it must be divided among the heirs according to the applicable rules.
- Real Estate: Inheritance of real property is treated similarly to personal property, but it is subject to the laws related to property transfer, which may require formal registration with the relevant authorities.
- Joint Property: If the deceased owned property jointly with another person (such as a spouse or business partner), the inheritance rules may vary. The surviving joint owner may automatically receive the deceased's share of the property, depending on the type of ownership agreement.
5. Inheritance Taxes
Angola does not impose a specific inheritance tax on the transfer of property between heirs. However, other taxes, such as property transfer taxes or capital gains taxes, may apply in certain situations when assets are transferred. For example, if real estate or other assets are sold or transferred after inheritance, taxes may be levied based on the value of the property.
6. Estate Administration and Probate
- Executor of the Estate: If the deceased left a will, the executor named in the will is responsible for administering the estate, including paying any debts, handling the distribution of assets, and ensuring that the wishes of the deceased are carried out. If there is no will, the court may appoint an administrator to oversee the estate.
- Probate Process: The probate process in Angola ensures that the will is legally validated and that the estate is distributed according to the law. If there are disputes over the validity of a will or the distribution of assets, the matter may be settled in the court system.
- Debts of the Deceased: Before the inheritance can be divided among the heirs, any outstanding debts of the deceased must be paid. If the estate is not sufficient to cover debts, the estate may be declared insolvent, and the remaining debts may be written off.
7. Inheritance Disputes
- Disputes: Conflicts may arise between heirs, especially when the validity of a will is contested or if there are disagreements over the division of assets. In such cases, the dispute will typically be resolved through the court system.
- Court Involvement: In cases of inheritance disputes, the Angolan courts may be involved to ensure the fair distribution of the estate in accordance with the law.
8. Special Considerations for Foreign Nationals
- Foreign nationals who are residents or property owners in Angola are subject to Angolan inheritance laws for any property located in the country. However, the rules of international private law may come into play if the deceased had property in other countries, and the applicable laws of those countries may also influence how the estate is divided.
- Foreigners may also be subject to certain restrictions if they own land or real estate in Angola, as land ownership laws in Angola may limit property rights for non-citizens in certain areas.
Conclusion
In Angola, inheritance laws are primarily governed by the Civil Code, which establishes the rules for both testamentary and intestate succession. The forced heirship rules ensure that close family members, particularly children and the spouse, cannot be completely disinherited. The estate is typically divided among these heirs, and spouse and children are the primary beneficiaries. While there is no specific inheritance tax, other taxes may apply to the transfer of assets. Disputes over inheritance are handled by the courts, and individuals can create wills to specify their preferences for asset distribution, as long as they comply with legal requirements.
RELATED Blog
0 comments