PORTUGUESE WILLS
Jul 19th 2007, 5:57 pm
#16
Forum Regular
Joined: Jul 2007
Posts: 36
Re: PORTUGUESE WILLS
Spinney, your lawyer has raised interesting points related to the division of your assets should your husband dies first. Does the same apply the other way round? Also, if a British will has a tenants in common clause, to forestall our government's Inheritance Tax limit of £300,000, and this is used in Portugal when translated and authorised by a Notary, how would this be treated in Portuguese law?
The question of wills and the varied answers seems bewildering.
From what Chopper has said, it seems a visit to the Notary is the cheapest solution, but the question of grandchildren would still seem to be unclear. Also, if the Portuguese will is based on a British one will the Portuguese authorities honour the British will as written?
It all seems a bit of a tangle.
bb
The question of wills and the varied answers seems bewildering.
From what Chopper has said, it seems a visit to the Notary is the cheapest solution, but the question of grandchildren would still seem to be unclear. Also, if the Portuguese will is based on a British one will the Portuguese authorities honour the British will as written?
It all seems a bit of a tangle.
bb
I have spoken to my Portuguese Friend he confirms what the Lawyer told me about this subject of Wills if your spouse dies 50% of the property is divided between the remaining spouse and their children equal shares you can not change this you can also bequeath any remaining items to any one you like Another thing If you did not want one of your children to inherit a share in the property for some reason you can´t do this it`s their entitlement nothing you can do about it
He did not understand probate the spouse and children get the property regardless he said you get the death certificate then go and change the deeds simple as that he could not understand what I was worrying about
if it´s that simple why are we all paying to have a Will drawn up
This info is if for married couples don´t know about common law partners
Still
Jul 20th 2007, 8:22 am
#17
BE Enthusiast
Joined: Mar 2007
Location: Currently in Somerset
Posts: 545
Re: PORTUGUESE WILLS
I have spoken to my Portuguese Friend he confirms what the Lawyer told me about this subject of Wills if your spouse dies 50% of the property is divided between the remaining spouse and their children equal shares you can not change this you can also bequeath any remaining items to any one you like Another thing If you did not want one of your children to inherit a share in the property for some reason you can´t do this it`s their entitlement nothing you can do about it
He did not understand probate the spouse and children get the property regardless he said you get the death certificate then go and change the deeds simple as that he could not understand what I was worrying about
if it´s that simple why are we all paying to have a Will drawn up
This info is if for married couples don´t know about common law partners
Still
It seems that in PT it is assumed that spouse and children are all one happy family and equal shares are acceptable to all. Perhaps this simple solution would solve family arguments about bequests that happen more frequently in the UK, but I doubt it. However, the PT way does not benefit grandchildren, although I suppose their solution then works for them from their parents, but this is many years down the road and of course there may be little to leave them if the parents have sold the property and blown the money. This aspect of not being able to provide for the grandchildren's education or a start in life seems very unfair.
I noticed you specifically talked about the property, does this mean any other assets, e.g. money, shares, personal items & vehicles etc. are not automatically divided between spouse and children?
Also, I still would like to feel more certain about a translated British will which provides for children & grandchildren being accepted in PT without any legal hassle.
Maybe the EU should be looking at an individual's rights to make their own decisions about who they leave their assets to, and not be dictated to by the government.
Jul 20th 2007, 8:53 am
#18
C'est la vie
Joined: Mar 2007
Location: Tavira
Posts: 3,703
Re: PORTUGUESE WILLS
I hope you guys get it all sorted before I get out there and need to go through the process
