Portuguese Inheritance Law

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sunnydays
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Portuguese Inheritance Law

Post by sunnydays »

Viva Carvoeiro!

I was hoping someone on this site may have knowledge of Portuguese Inheritance Law. Basically, through Portuguese Inheritance Law (not a will) I now apparently own a small part of a property in Portugal. Thing is, I have no interest is owning a part of this property and would like to transfer my part to one of the other owners. ( I also know that there are innumerable properties lying derelict due to being owned or part-owned by some lost relative!) Does anyone know the simplest and quickest way of transferring my share? I am in the UK. The property and the person to whom I wish to transfer my share in Portugal. I have been told, of course, that it is not as quite as simple as signing a document here in the UK in the presence of a solicitor.

Any helpful (and economical) suggestions much appreciated.

Richard
laserblazer
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Re: Portuguese Inheritance Law

Post by laserblazer »

I think that whatever happens you will need a Portuguese solicitor to sort it out, so my advice would be to ask for advice now. I've sent you a PM with the details of mine, who has done a great job for us.
Gary/Gaynor
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Re: Portuguese Inheritance Law

Post by Gary/Gaynor »

Agree get a solicitor to advise you. We took advise on various property law seeing, as we own a place, and it's invaluable.
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Bruce Wallis
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Re: Portuguese Inheritance Law

Post by Bruce Wallis »

Anything you do, must be drawn up by a solicitor, and then separately notarized.

If you dont dispose of your holding, I believe that under Portuguese law, you must draw up a Portuguese will, assigning the eventual benefit and title.
joeysoap
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Re: Portuguese Inheritance Law

Post by joeysoap »

This is almost exactly what our solictor in Loule stated 3 years ago.


http://www.justportugalproperty.com/ind ... tugal.html
biffa
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Re: Portuguese Inheritance Law

Post by biffa »

Maybe best to gift it to another at their cost (10% stamp duty over the tax department value if non related party plus notarial/registration costs and legal fees if a lawyer is used)
sunnydays
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Re: Portuguese Inheritance Law

Post by sunnydays »

laserblazer - Thank you very much for the PM. Does seem that I will need a Portuguese solicitor.

joeysoap - Thanks for the info.

Seems I will have to use a Portuguese solicitor and actually go to Portugal. Does anyone know if it is possible for me just to sign something here in the UK once a Portuguese solicitor has drafted a doc. or whatever? Can the person whom I want to trasfer my unwanted share to do all this on my behalf in Portugal- contact solicitors etc - so that I just have sign something? Wishful thinking on my part? I was hoping not to have to do anything much from my part! :roll: Ah well.

biffa - that could be a good idea as I hadn't actually considered the tax implications! I'd foolishly hoped this would be relatively simple! :(
sunnydays
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Re: Portuguese Inheritance Law

Post by sunnydays »

Thank you all for your responses by the way :)
laserblazer
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Re: Portuguese Inheritance Law

Post by laserblazer »

If it's like signing a will then it's quite a palaver. We had to go with our solicitor and a witness to Lagoa and sign in front of a Notary.
biffa
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Re: Portuguese Inheritance Law

Post by biffa »

You can achieve what you want without viisting here by issuing a notarised power of attorney with apostille in the UK. You need a lawyer though.
sunnydays
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Re: Portuguese Inheritance Law

Post by sunnydays »

- biffa: Many thanks for the advice - probably the best option
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