[travelling-man]

My better half and I want to make Portuguese wills that simply leave everything to each other in event of one of us croaking but I've just been quoted E700 to get it done........ that cost strikes me as very high indeed.

Can anyone tell me if that price is normal(ish) please?

 

[canoeman]

Bit OTT, you can save money by doing the same Will that the Notary will Notarize but not entered in the Public Register i.e. you hold the Originals of the Wills.

See if there's any members of Balcão Único do Solicitador organization of Solicitors but work to better prices, for a lot of things not just Wills

 

[moggy666]

Bit OTT, you can save money by doing the same Will that the Notary will Notarize but not entered in the Public Register i.e. you hold the Originals of the Wills.

See if there's any members of Balcão Único do Solicitador organization of Solicitors but work to better prices, for a lot of things not just Wills

I was with my Lawyer last month talking about our wills.

He quoted me €300 for each will, mine and my wife's €600, which would be drawn by him but obviously notarized by the Notary. However, you cant leave everything to your wife/husband. According to Portuguese law if you have other next of kin, ie children, by law he told us 50% goes to your wife and the remaining 50% is split equally between the next of kin. This is for all assists - house, cash, jewelry etc.

He advised us the best, and cheapest, way is to have our UK wills firstly translated to Portuguese and signed by him as a certified true copy and then registered with the Notary. You can then allocate what you want to anyone you like including individual specific items under UK law this is then accepted as Portuguese law. This is the route we have taken and it has cost us a total, for both wills, €250.

Hope this helps

lane:

 

[canoeman]

Portugal recognizes your Nationality of Birth, so if you are British you can legally make a Will in Portugal following English inheritance law, you do not have to follow Portuguese Law of Succession

If he doesn't understand this fundamental Portuguese Law then find a new Solicitor.

Theres nothing wrong with the route you followed, and is the same as cheaper option I posted, providing you have avoided some of the pitfalls with a UK Will in Portugal, Trusts and how ownership is stated, as has been covered before.

 

[siobhanwf]

There is a company suggested by the British Consulate who are both Portuguese and UK trained.
Neville de Rougemont & Associados they are Anglo-Portuguese Law Firm situated in Faro and Lisbon.
http://www.expatforum.com/expats/po...rtugal/103359-british-consulate-open-day.html

 

[siobhanwf]

There is a company suggested by the British Consulate who are both Portuguese and UK trained.
Neville de Rougemont & Associados they are Anglo-Portuguese Law Firm situated in Faro and Lisbon.
http://www.expatforum.com/expats/po...rtugal/103359-british-consulate-open-day.html

 

[travelling-man]

Thanks to everyone for their help on this.

We're both Brits and our wills would be fairly simple in that we just want to leave everything to the surviving partner...... does that mean therefore that we can simply download one of those easy DIY (UK) will forms, fill them out as necessary and either just tuck them into the safe until needed or take them to a local notary for registration etc?

I don't know if I'm being a meanie but it strikes me as ridiculous that we have to pay the thick end of a grand just to make sure our partner isn't left homeless if the other dies!

 

[canoeman]

Siobhán recommendation is great but your bill with Neville de Rougemont & Associados will be well in excess of 1000€, plus travel, as their Algarve, Lisbon and UK based.

TM, No this has cropped up a few times, the major reason a Resident should not have a Will in English, is because it has to then be first Probated in UK (even if you have no UK assets) before it can be probated here.

As your Residents then you should make a Portuguese Will, a Notary will only Notarize documents in Portuguese.
Use an English form by all means, but you need to get it translated and then Notarized.

Your other choice is not to make a Will but then there's a very good chance that Portuguese Law of Succession takes precedence, which could be a major problem if their are ex spouses, children etc.

 

[travelling-man]

OK.... so can we just write our wills in English, translate them into Portuguese and then have them notarised locally?

In which case, what sort of cost should we be charged by the notary?

 

[siobhanwf]

OK.... so can we just write our wills in English, translate them into Portuguese and then have them notarised locally?

In which case, what sort of cost should we be charged by the notary?

Someone posted a while ago that they had paid €100 for the notary. Not sure if that was for husband and wife or €100 each

 

[siobhanwf]

Someone posted a while ago that they had paid €100 for the notary. Not sure if that was for husband and wife or €100 each

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 Funeral Plans Portugal, SPN Funeral Plans

Previous threads
http://www.expatforum.com/expats/portugal-expat-forum-expats-living-portugal/83094-wills.html

http://www.expatforum.com/expats/po...ing-portugal/100811-making-will-tavira-2.html

It is a site recommended by AFPOP

 

[canoeman]

Not sure of current prices but probably around a couple of hundred, I'll send you a PM with a Notary who is quite happy to supply prices for services and also some other information.

You will have to have an interpreter under Portuguese Law so your aware of what is said and read out, same as Escritura.
Translation you'll need a good one, a Google translate would be correct enough.

Benificaries in Will should be clearly identified with Passport Nos. and NIF numbers if applicable.