{"id":19065,"date":"2025-12-12T11:08:20","date_gmt":"2025-12-12T11:08:20","guid":{"rendered":"https:\/\/belzuz.com\/publicacion\/como-proteger-la-herencia-familiar-frente-al-yerno-o-la-nuera-la-importancia-de-la-clausula-de-incomunicabilidad-en-testamentos-y-donaciones\/"},"modified":"2025-12-12T12:44:23","modified_gmt":"2025-12-12T12:44:23","slug":"como-proteger-la-herencia-familiar-frente-al-yerno-o-la-nuera-la-importancia-de-la-clausula-de-incomunicabilidad-en-testamentos-y-donaciones","status":"publish","type":"publicacion","link":"https:\/\/belzuz.com\/en\/publicacion\/como-proteger-la-herencia-familiar-frente-al-yerno-o-la-nuera-la-importancia-de-la-clausula-de-incomunicabilidad-en-testamentos-y-donaciones\/","title":{"rendered":"How to Protect a Family Inheritance from the Heir\u2019s Spouse (Son-in-Law or Daughter-in-Law)-The Importance of the Clause of Non-Communicability in Wills and Donations"},"content":{"rendered":"
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  1. What is the clause of non-communicability?<\/strong><\/li>\n<\/ol>\n

    The clause of non-communicability is a provision included in donations or wills through which the donor or testator determines that certain assets shall not be communicated to the beneficiary\u2019s spouse. As a result, such assets remain exclusively part of the heir\u2019s or donee\u2019s personal estate, regardless of the matrimonial property regime.<\/p>\n

    In practice, this means that even if the heir is married under a universal community regime or a community of acquisitions, the assets subject to the clause will not form part of the couple\u2019s common property. This exclusion is particularly relevant in the event of divorce, judicial separation, or death of the spouse, shielding the family estate from division or distribution.<\/p>\n

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    1. A tool available to anyone<\/strong><\/li>\n<\/ol>\n

      The law allows any person, when donating an asset or appointing heirs by will, to impose a clause of non-communicability. It is a widely used mechanism intended to ensure that a family asset \u2014 often of significant sentimental or patrimonial value \u2014 remains within the intended line of succession.<\/p>\n

      An asset covered by this clause is therefore \u201cshielded\u201d from matrimonial community, protecting it from disputes arising from the heir\u2019s marital life.<\/p>\n

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      1. Limitations: the need to specify the assets<\/strong><\/li>\n<\/ol>\n

        It is important to emphasize that the clause of non-communicability cannot be drafted in abstract or generic terms. The law requires that it apply to specific, identifiable assets. For this reason, it is typically used in the context of legacies rather than the institution of heirs in abstract shares, as those do not identify specific property.<\/p>\n

        The precise identification of the asset is essential to ensure the clause\u2019s effectiveness and enforceability.<\/p>\n

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        1. Relationship with mandatory rules on asset communication<\/strong><\/li>\n<\/ol>\n

          Portuguese law contains mandatory rules regarding the non-communicability of certain types of assets, as set out in Article 1733 of the Civil Code. These assets \u2014 such as those acquired by succession \u2014 are legally classified as personal property and cannot form part of the marital community.<\/p>\n

          This mandatory nature has an important consequence: the legislator prohibits spouses from establishing, in antenuptial agreements, the communicability of assets that the law declares as obligatorily personal. This is expressly stated in Article 1699(1)(d) of the Civil Code.<\/p>\n

          This strict legal framework reinforces system coherence: if certain assets are, by force of law, non-communicable even in the broadest matrimonial regime \u2014 universal community \u2014 then, a fortiori<\/em>, they cannot be considered common property in more restrictive regimes such as the community of acquisitions.<\/p>\n

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          1. Practical purpose and usefulness of the clause<\/strong><\/li>\n<\/ol>\n

            The clause of non-communicability is an extremely useful tool of patrimonial protection, enabling donors and testators to guarantee:<\/p>\n