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Inheriting Portuguese real estate

Inheriting Portuguese real estate

Old Jul 31st 2020, 3:07 pm
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Default Inheriting Portuguese real estate

Hi. Would really appreciate some advice if anyone can help please...

We're UK based and have inherited a share in a Portuguese property. We need to find out what the procedure is to have whatever is the equivalent of probate granted in Portugal so any outstanding taxes can be paid and the the property can legally transferred into our names. We guess a Power of Attorney is the way to go with a legal firm but, given our interests elsewhere, are reluctant to hand over a total Power of Attorney for this seemingly simple matter. Can anyone please advise appropriate steps? Thanks in anticipation.
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Old Aug 1st 2020, 5:59 am
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Default Re: Inheriting Portuguese real estate

You wouldn't need to give full power of attorney on everything in order to action this - the process would only need you to sign what's known as a procuração, which authorises a representative to act on your behalf in a specific matter.

You may need to complete more than one of those, since (I think I'm right in saying) you'll need a tax number first and foremost.

I'm not sure about the full ins and outs of the inheritance process but hope that helps put your mind at rest a bit about how much control of your affairs you'd need to hand over.
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Old Aug 1st 2020, 4:21 pm
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Default Re: Inheriting Portuguese real estate

Tax to be paid (or not) depends on your status of relationship with the deceased - different levels of family give different exemptions. If not family at all, then that is different again. Also important is whether the deceased made a will, if the will was registered in Portugal, or UK, or other, and if the will pointed out their UK citizenship (if that was the case) which allows different inheritance regulations than that under strict Portuguese law. Also if you have inherited a "share" in the property rather than the whole, that needs clarification as to who else has shares, and how it is to be split up, and who has what rights on what. Try to get a lawyer who knows about all these things and can advise you, and then do your Power of Attorney and restrict the Power to the subject of inheritance in Portugal.
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Old Aug 1st 2020, 6:21 pm
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Default Re: Inheriting Portuguese real estate

Consult a Portuguese Lawyer ?
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Old Yesterday, 3:09 pm
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Default Re: Inheriting Portuguese real estate

Originally Posted by Red Eric View Post
You wouldn't need to give full power of attorney on everything in order to action this - the process would only need you to sign what's known as a procuração, which authorises a representative to act on your behalf in a specific matter.

You may need to complete more than one of those, since (I think I'm right in saying) you'll need a tax number first and foremost.

I'm not sure about the full ins and outs of the inheritance process but hope that helps put your mind at rest a bit about how much control of your affairs you'd need to hand over.
A procuração is a power of attorney - this can be more or less extensive. Make sure that the power of attorney only gives the necessary powers to handle the bureaucratic steps and register the property in your name - specifically exclude the power to sell (if that is your wish). Be aware, as pointed out that there maybe some taxes to be paid - depends on kinship (children / grandchildren, parents, etc - no taxes - outside of direct relationship, a stamp duty of 10% of the inheritance is due)
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Old Today, 4:20 pm
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Default Re: Inheriting Portuguese real estate

Thank-you for the very helpful advice. It's much appreciated.
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