Heirs and wills: succession in Cabo Verde

A person’s death opens the succession: the set of rules that determines who inherits the estate and in what proportion. In Cabo Verde, this matter is governed, in essence, by the Civil Code of Cabo Verde (1997), in its book on the law of successions.

Who the heirs are

In legal succession (without a will), the Civil Code ranks the so-called forced heirs and the succeeding relatives. Broadly:

• the surviving spouse and descendants form the first line;
• where there are no descendants, ascendants and the spouse may share;
• failing these, the closest collateral relatives may be called to the succession, in the order fixed by law.

The regime embodies the forced share (legítima): a portion of the estate reserved by law to certain heirs (forced heirs), which the deceased may not freely dispose of by will.

The role of the will

The will allows the author of the succession to dispose of part of their estate for after death, respecting the forced share. It is a formal act: the form required by law (for example, a public notarial will) conditions its validity. A well-made will reduces conflict and speeds up the partition.

The applicable law

Succession upon death is governed by the personal law of the author of the succession at the time of death. For foreign nationals with assets in Cabo Verde, this can raise conflict-of-laws questions that deserve specific legal analysis.

Usual steps after the death

1. obtain the death certificate and the documents proving heir status (birth and marriage certificates);
2. establish the deceased’s estate (real property, accounts, vehicles, shareholdings);
3. carry out the adjudication of heirs (habilitação de herdeiros) and, where there is real property, register the transfer in the land registry;
4. resolve the partition: by agreement of all the heirs or, failing agreement, through the courts.

Key points

• without a will, the law fixes who inherits and in what proportions;
• the forced share protects forced heirs against dispositions that prejudice them;
• the transfer of real property is only legally complete once registered;
• questions with foreign nationals among the heirs can raise conflicts of laws.

When to speak with a lawyer

Legal support is recommended where there are minor heirs, assets in several countries, contested wills, or disagreement among heirs over the partition. The directory lists lawyers in this field.

This page is general information, not legal advice. Check the cited sources and the date of the last review.