Wills

6 Replies

Is a UK will valid here in Portugal and if not what's the cheapest and quickest way of organising one?

Replies

'allo vera 1210425642

This is an interesting question. I've heard that the Portuguese bury their dead within 24 hours and I'd like to know if there is a way around this? Could our wishes be stipulated in a will?

Twizzle-743177 1210584176

Surely somebody must know something about this - please.

muddyboots-753674 1331743806

the uk will is valid here, you just have to get it translated in to portuguise, and go to the notatory, for them to put it in their log, 2011 it was 200,00e.

steve01-749178 1331747388

This is a very complex issue - we've recently looked at this and keep being given different advice inclding difference advice by Portuguese Advogados(lawyers) and different advice from 2 Notorial offices..


In theory http://www.successions-europe.eu/en/portugal/topics/which-law-applies_can-i-choose-the-applicable-law-to-my-inheritance


  • international wills (Washington Convention) is the law that applies

  • UNIDROIT is the organisation that draws up these agreements and Portugal signed up to it in 1949


  • The law which applies to the succession is the law of the country whose nationality the deceased held at the time of his/her death. Portuguese law does not allow any derogations from this rule, so that a testator cannot choose the law applicable to his/her succession. If the deceased had Portuguese nationality, Portuguese law will therefore be the applicable law. If he/she had another nationality, it is necessary to check which law would be applied by his/her country of origin. In principle this law would be applied in Portugal, but it is always necessary to check the rules for determining the applicable law in accordance with Portuguese private international law (article 16 of the civil code).



    i.e if you're UK national then UK law applies and you should make a UK will , get it translated and lodge a copy with the local Notary - cost 300 euros + translation cost - 100-200 euros


    If you make a Portuguese will this over-rides your UK will, but you must follow Portuguese law.


    We have been quoted 200-400 euros by Advogados her to write a Portuguese will for us


    Apparently the phrase 'i leave everything to my spouse' is worth in the region of 65euros a word in Portugal + another 50 euros a word to register it.


    Under Portuguese law, a portion of the estate is reserved for the spouse of the deceased and his/her descendants (his/her children or – if the children are already deceased – his/her grandchildren) and for the parents and brothers and sisters of the deceased as well as for the cousins of the deceased/collateral relatives up to the 4th degree. In total, these reserved rights, which limit the testator’s freedom to dispose freely of his/her estate by will, may not exceed 2/3 of the estate. It is not possible to renounce the reserved portion before the death of the deceased. But after his/her death, his/her heirs may renounce the succession.


    In theory making a Portuguese will is potentially pointless for a non-Portuguese national - but if you make one, Portuguese law will apply regardless of your having previously made a UK/ / any other nationalality will.


    Either way the will is open to contention from any dis-inherited UK/ foreign children, and becomes even more complicated if you have Portuguese Nationalised children by non-Portuguese parents.


    Note this is only what i understand - if anyone actually knows please reply


    Florence-749974 1331763015



    I read the other day that there's a debate going on within the European commission. http://ec.europa.eu/avservices/services/showShotlist.do?filmRef=82478&out=HTML&lg=en&src=1

    jocko-749690 1331766687

    This would be good news for those of us married but with children from previous marriage that they haven,t had contact with for years

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