Wills

[cab65]

Hi, do I need to make a will in Portugal as well as In the UK. I have properties in both places and am not a resident of Portugal

[canoeman]

If your not a Resident then you make a UK will, including Portuguese property.

Portugal accepts UK wills and division of estate, you do NOT have to follow Portuguese law on succession.

Try if possible to avoid things like trusts as it is not an accepted form of inheritance and can cause complications.

Clearly identify beneficiaries, who if inheriting property or items like cars or money in Bank A/cs will reguire a Fiscal number to complete transfer of ownership.

[dharmabum]

I agree!

You don't need to follow Portuguese law on this one.

Thumbs up for canoeman's reply!!!

[siobhanwf]

Canoeman bang on the financial mark as always

[mrforja]

Speaking from experience where as English institutions will except copy’s of wills death certificates etc. etc. in Portugal it had to be the originals.

[dharmabum]

I looked into the problem and found the Convention on the conflicts of laws relating to he form of testamentary dispositions. I'm not alowed to post links in the website yet. But just google Convention on the conflicts of laws relating to the form of testamentary dispositions (concluded 5 October 1961). You'll find a website HCCH

Maybe you can find a specific answer to your problem in the convention.

[dharmabum]

OMG

Just noticed that in my previous post if you google hcch you end up with somevery bad websites...

Instead type Hague Conference on Private International Law.

sorry for the mistake!

[siobhanwf]

Yep I know the years are advancng but OH has been asking about funeral costs and wills etc... MORBID person... I play to live forever

So while googling I came up with this information

Facts regarding wills and probate in Portugal and why
it is beneficial to have a Portuguese Will.

Wills in Portugal
a) Inheritance tax (imposto de selo) 0% between spouses or 'linha recta' parents, grandparents, children, grandchildren etc. otherwise 10%
b) Law regarding restrictions of inheritance e.g Portuguese can not disinherit spouse or children without special circumstances. Law of nationality applies e.g British free to dispose as they choose.
c) Portuguese will regarding Portuguese estate can be general- all assets including property, bank accounts, pensions, shares etc..
d) Better to have different wills for different countries, different legal systems and avoids confusion over taxation.
e) Portuguese wills different to British wills as they are formal, drawn up at the notary with 2 independent witnesses and a translator if not fluent in the language. Also it MUST be by the Notary not an assistant, the original is deposited and you can not be given copies except to the will maker or upon production of a death certificate. It can be revoked and do a new one.
f) After death, the lawyer will check with the central registration for any deposited wills and latest valid one.
g) Depositing a British will can be done at a notary but you are unable to get a copy unless death occurs.
h) A British will is valid but can cause delays and extra expenses, probate.

Probate
a) Must be submitted to Financas (tax office) by cabeca do casal (spouse or beneficiary, normally eldest but can be closest geographically) by the end of the 3rd month following the date of death. Must include a list of assets.
b) Then comes "escritura de habilitacao", at a notary estate can be divided (partilha) or in common for beneficiaries
c) Which can then be registered in common name of the inheritors for onward sale.
d) Quite complicated and if not fluent in the language with a reasonable knowledge of the system better to get a lawyer involved.
e) Probate can be carried out by lawyer with respective power of attorney.

Funeral Plans Portugal, SPN Funeral Plans

It is a site recommended by AFPOP

[canoeman]

Just a couple of furher points a
e) you can make a Will before a Notary that is not registered at the Central registry, therefore cheaper, the Will is Notarized and returned to you.

g,h) A UK Will has to be Probated in the UK before it is legal in Portugal and Portuguese probate can commence. See Probate a)

Inheritors will reguire Fiscal Numbers

My information is different to yours in that a Portuguese Notary can only handle/Notarize documents in Portuguese and not in any other language.

[siobhanwf]

Originally Posted by canoeman

Just a couple of furher points a
e) you can make a Will before a Notary that is not registered at the Central registry, therefore cheaper, the Will is Notarized and returned to you.

g,h) A UK Will has to be Probated in the UK before it is legal in Portugal and Portuguese probate can commence. See Probate a)

Inheritors will reguire Fiscal Numbers

My information is different to yours in that a Portuguese Notary can only handle/Notarize documents in Portuguese and not in any other language.

Thanks canoeman. guess the site wasn`t as up to date as I thought it was