Last Will and...

Sandy · Post by **Sandy** » Mon Jan 10, 2005 12:03 pm

Anyone know if we definitely need a separate Portuguese Will, or is a UK Will adequate??

kteee · Post by **kteee** » Mon Jan 10, 2005 12:10 pm

Check with your lawyer but I think you need a Portuguese will.

k

Lesley Jean · Post by **Lesley Jean** » Mon Jan 10, 2005 12:25 pm

Do you only need a will if you are resident? or would you need one if yours is a second home?

kteee · Post by **kteee** » Mon Jan 10, 2005 12:33 pm

both, I think

Guest · Post by **Guest** » Mon Jan 10, 2005 2:23 pm

Hi

We were told by our lawyer we had to make a Portuguese will to cover property and possessions in Portugal. You have to do this at the notary, our lawyer is coming with us. I dont know exactly what happens next as ....
We have been trying several months to get an appointment... lgood luck

Piglet

biffa · Post by **biffa** » Sun Jan 16, 2005 11:23 pm

Portuguese Will is a good idea for any foreigner who has assets in Portugal in his/her name (cars, bank accounts, houses, shares etc)

Any decent lawyer should be able to assist as it is quite a simple process

Littlelegs · Post by **Littlelegs** » Mon Jan 17, 2005 4:58 pm

We have been told by our lawyer that it would cost around 1000 euros does this seem right to you.

biffa · Post by **biffa** » Mon Jan 17, 2005 5:07 pm

Sounds a bit dear! Was that for a married couple? In other words two Wills?

Last clients I assisted on this it cost them about 650 incl legal fees and Notarial disbursement. The latter alone is about 380 for a married couple

Littlelegs · Post by **Littlelegs** » Mon Jan 17, 2005 5:13 pm

HI BIFFA
Yes it would be for a married couple adn would include the lawyer doing all the necessary bits and bobs.

julia cross · Post by **julia cross** » Sat Jan 22, 2005 10:40 am

Have found out that the charges at The Notaries Office are Eur150.00 per person. Not quite clear whether you need a solicitor as it appears that if you have a Portuguese speaker to translate at The Notaries Office you may not. The most difficult part seems to be making an appointment at The Notaries Office.

steve · Post by **steve** » Sat Jan 22, 2005 2:51 pm

You do not need a Portuguese will if you are a British citizen.

I took both English and Portuguese legal advice on the matter and it is clear that under Portuguese law, the law of the the nationality of the individual is the law which governs the disposition of the estate. The issue of a residencia does not affect your nationality and therefore has no bearing on the matter.

AFPOP have published confirmation of this position.

digger · Post by **digger** » Sat Jan 22, 2005 4:13 pm

I have been told by a pt lawyer that if I (a British citizen) wish for my estate to go to my next of kin, my wife, then I don’t need to make a will. But should I wish for my estate - property in Portugal - to be split up then to have a pt will would definitely simplify things for the survivors.

steve · Post by **steve** » Sun Jan 23, 2005 7:28 pm

I should have made it clear that I was assuming the existance of an English will which would then be applied in Portugal.

I acept that it may make things a bit easier if you have a Portuguese will but these are expensive to make and are not a legal requirement. You also need to make sure that there is no conflict between an English and Portuguese will.

Portuguese citizens are subject to a forced process of disposal of a deceased's estate but as a non- Portuguese citizen you can leave your estate to whomsoever you want and this will be applied.

I do not know what happens if you were to die intestate but logic suggests that the process which would apply in England would be applied here also.

Tommy M · Post by **Tommy M** » Mon Jan 24, 2005 1:12 am

Hi folks
So what has been decided here please? Sorry if I seem thick.... but it would be good to have the definitive answer.
I am a British citizen. I have made an English will, and within that I have dealt with my Portuguese property. Do I need to do anymore in Portugal to make the transfer of property legal? I am not married, nor have any dependents. The property is left to a third party in that English will.
Thanks
Tommy

steve · Post by **steve** » Mon Jan 24, 2005 12:09 pm

You do not need to do anything more based on the legal advice I obtained which was confirmed by an AFPOP update.

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