João Manuel Carvalho discusses the challenges posed by inheritance law in Portugal, particularly regarding the management of real estate tied up in legal disputes. He argues that the focus should be on reforming the judicial system rather than making hasty changes to inheritance regulations. The article highlights the delays in court decisions that leave many estates in limbo, preventing the release of valuable real estate assets.
Carvalho emphasizes that inheritance disputes often arise from the need to ensure each heir receives their fair share of the estate's value. He suggests that a more effective approach would involve creating expedited judicial channels for resolving these disputes, allowing for quicker access to real estate assets. However, he warns that such changes could introduce inequities into the legal framework.
The article also addresses the role of the head of the estate in managing the inheritance process and the potential conflicts of interest that can arise. Carvalho points out that the current system does not provide for the remuneration of the head of the estate, which may discourage efficient management and prompt distribution of assets.
In conclusion, Carvalho advocates for a comprehensive reform of the judicial system to address the root causes of inheritance disputes, rather than implementing superficial changes to the inheritance law itself. He believes that a more effective legal framework could help alleviate some of the housing issues in Portugal by unlocking the potential of real estate tied up in inheritance disputes.