polly flinders

spouse of scouse

Hi Polly. First of all, I hope you're alive for a long time! Secondly, have you made a Will? You can leave the property (or its proceeds) to whomever you wish.

polly flinders

spouse of scouse

I can understand that Polly. Is it possible to leave the property to a charitable organisation of your choosing? Or maybe reduce the price of the property to a level that would get you a quick sale? I'm just making blind stabs in the dark really, I don't know anything about property in Portugal.

mfesharne

Inheritance laws are muito complicado here & whilst you can make a will according to either Portuguese or UK law (dependent on wording) if you die intestate then Portuguese law is applied & this gets even more muito complicado if there are 2nd marriages & stepchildren etc involved.

I'd suggest you consult a lawyer & also suggest you draw his attention to the link below.UK style wills seem to apply in Portugal if containing the words “"According to the laws of the United Kingdom as provided for under the EU Succession Regulations, 650/2012 Article 22.”

https://www.lawgazette.co.uk/law/new...050595.article

dmu

Hi from the France forum!
What hasn't been mentioned is that, whoever "Latin" property and assets are willed to, there are Inheritance Taxes to be paid and they are particularly high (60% in France) if the nominated heir is unrelated to the deceased, siblings must pay between 35 and 45% depending on the value of the assets,, and children much less and sometimes nothing at all if the value is below a certain threshold.. Heirs have 6 months to pay this Tax,.. The OP should consult a Notario, as Portuguese Inheritance Laws are likely to be very similar to French ones....

liveaboard

It varies depending on the legal domicile of the deceased, nationality, nationality of heirs.

It may not be possible to NOT give a portion to your children. Unless they sign a waiver.

You need to see a specialist about it, it's not simple stuff.

spouse of scouse

Wow, it couldn't be any more complex could it?! I'd be tempted to sell the property for whatever I could get for it, even a ridiculously low amount, just to be free from worrying about it. But that would probably bring up another set of problems? Definitely one for the specialists - best of luck Polly.

dmu

In France it's impossible to disinherit a child. He/she can refuse the inheritance, but this would also apply to the deceased's financial assets in their country of residence. Heirs are liable to Inheritance Tax, whatever their nationalitiy.
The OP says that she owns the property - depending on her matrimonial status, her child's father might be included in the equation.
Complicated isn't the word for it, and only a Notario will be able to advise, with full knowledge of the facts.

BillBullock

Just a thought, if your only son does not wish to inherit the property, maybe he would prefer to inherit the money that it would raise if sold. In which case, why not give him the task of selling the property and reward him for his efforts by giving him a good commission? You could then enjoy the remainder of the money.

BuckinghamshireBoy

I would also suggest having any specialist advice sanity checked elsewhere for peace of mind. This said after spending an hour at a notary's office last week to be given incorrect advice. Waste of time, back to square one.

toots sweet

https://www.lawgazette.co.uk/law/new...050595.article

Will this still apply after brexit though? Our UK solicitor who made our will told us we have to use a Portuguese solicitor for all our assets in Portugal. We were hoping to leave assets from our Portuguese property to a UK charity and this isn't possible according to them. We have no immediate heirs and do not wish to leave anything to our UK relatives who we never see.