toots sweet

Can I use a notary to register our UK will.? I think I have seen this before ,but can someone remind me if we make a PT will ,it will be to the same conditions as our UK one.(All our stuff is going to UK charities,so no next of kin involved).
Thanks

Loafing Along

Our lawyer recommended that we make a seperate will for each country , even if you have minimal assets in Portugal good to have it all properly reflected giving precedence to your English will. Also may be that a Notary would not be willing to notarise a document in English .

liveaboard

Your UK will might not be legal in PT.
That's why you need a PT lawyer to advise you.

toots sweet

Yes,but can a notary do this? We already have our UK will. We are taking it to PT to be used as the basis for our will there because 2 separate wills are needed.. I'm thinking a notary will be a cheaper option. I'm pretty sure the basics will need to be translated. Hoping my OH is able to do that .

Rambling archer

Find an English speaking notary and start there - they will direct you further if need be. Lawyer may charge you a fortune unnecessarily!

Rosemary

Butting in from Spain. I have always used a notary to deal with my wills here in Spain and it has never been suggested that a lawyer would be needed and I suspect that the system would be similar in Portugal.

Rosemary

ouriquejan

We made our wills, originally, in England. Then we moved here and asked our lawyer what we should do.

We have no property etc in England now, so he drew up our requests and we all went to the notary. All was all done in Portuguese, and although we're pretty good at the language, the notary insisted we have a translator. A friend did it for 20 euros, but I know of translators who will charge 200€.

Think it depends, as much does, where you live and how things are looked at.

We have the English version of the Portuguese will, as in not that whole family can lay claim wo whatever we have left, it's all beednspecified.

scot47

https://ec.europa.eu/info/policies/j...s-and-wills_en

I first heard of this last week. Not sure how Brexit will change it.

CAROL ELIZABETH

We don't have a Portuguese will as yet for our property on the Algarve. The lawyer who has done all the work on two properties we have is good but expensive and had quoted nearly 700 euros three years ago. We know we need one but our will is so simple it seems an awful lot of money. I would also be interested to know what happens in the way of tax. In the UK if my husband dies as inheritor I would not pay tax on his half share of the family home. What is the situation in Portugal? Will one of us be paying tax if the other dies and what percentage?

Loafing Along

No you should not pay tax in the situation you describe. Portuguese law has a "forced inheritance" situaiton whereby assets such as property must go to members of the family. Instead of an inheritance tax , paid by the receipient Portugal has a Stamp Duty, think it is 10% .

Check it all out with a good lawyer and frame your will as you want bearing in mind the above.

Red Eric

Stamp Duty on inheritances isn't paid by spouses, children, grandchildren, parents or grandparents.

The PT succession rules can be bypassed by anybody holding citizenship of another country, provided they make a Portuguese will in accordance with that other country's inheritance law.

toots sweet

Does anyone know if you can make a joint will in PT, or do we have to have 2 separate ones?

dmu

And butting in from France, it's a Notaire who deals with Wills and Property Conveyancing, not a "lawyer", which would be an Avocat pleading before a Court.

Red Eric

In Portugal you can either write your own will or have it done for you by someone else prior to lodging it with a Notary.

The someone else can be anybody, but a lawyer would be best placed to advise on how to word it so as to make it unambiguous.

wellinever

Just to add, my own lawyer in Algarve quoted me €650 to draw up a will in Portugal.
I contacted a local Notary, who said that providing it is a simple will for Portuguese assets, then she would charge €150 to prepare one.
But I must take along 2 witnesses that are fluent in Portuguese.