Portuguese wills

Share experience regarding ownership of property and/or living in Portugal.

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madaboutangling
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Portuguese wills

Post by madaboutangling » Fri Sep 28, 2018 7:23 am

What can anyone advise about the need or not for a Portuguese will covering property here? Thanks.

Farol
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Re: Portuguese wills

Post by Farol » Fri Sep 28, 2018 1:36 pm

I should think this is something that might be affected by Brexit if you are UK based so it might be better to wait a couple of months.

steve
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Re: Portuguese wills

Post by steve » Sat Sep 29, 2018 12:17 pm

EU Regulation 650/2012 allows a British citizen can make a will in Portugal under the terms of British law and thus avoid the forced heirship rules which apply to Portuguese citizens. If/when the UK leaves the EU this regulation will obviously no longer apply to British citizens. Let's hope there is some sort of reserved right agreement arrived at for existing and future wills otherwise the disposal of a deceased's assets in Portugal could be governed by Portuguese law which involves fixed percentages going to specific family members.

e-richard
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Re: Portuguese wills

Post by e-richard » Sat Sep 29, 2018 1:49 pm

steve wrote:
Sat Sep 29, 2018 12:17 pm
... the disposal of a deceased's assets in Portugal could be governed by Portuguese law which involves fixed percentages going to specific family members.
IANAL but I think you are referring to the laws of intestacy so a Portuguese will would/should override that.

I also suspect that even post Brexit a Portuguese will will still be valid in Portugal !

steve
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Re: Portuguese wills

Post by steve » Sun Sep 30, 2018 4:33 pm

As A British citizen I can make a Portuguese will leaving all of my assets in Portugal to my wife and nothing to the children. A Portuguese citizen cannot do this because as I understand the position the law prescribes that fixed percentages of an estate must be inherited by specific relatives and this cannot be overturned by a will.

Geoff
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Re: Portuguese wills

Post by Geoff » Sun Sep 30, 2018 6:13 pm

As A British citizen I can make a Portuguese will leaving all of my assets in Portugal to my wife and nothing to the children.
That is what we did some years ago now, probably before the 2012 edict......we now have an English will covering UK assets and a Portuguese one covering Portuguese assets, both similar. The Portuguese Will was drawn up by our solicitor but we then all had to go to the Notary for signing/witnessing etc.

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