KieraLokalikey

Hi

I’m looking for a solicitor in Portugal who can help me following the death of a parent who jointly owned a property in Portugal and lived between Portugal and the UK, who never made a will.

I believe under Portuguese law hiers are entitled to a share of the property.

Can anyone recommend an English speaking solicitor who can help please as the property has a potential buyer and need to move fast.

Many thanks, Kiera.

dmu

I suspect that Portuguse Property and Succession Laws are similar to the French ones - children can inherit the (intestate) parent's share of a jointly owned property (shared equally between siblings), but the other joint owner(s) must agree to any subsequent sale. In any case, you've got time, as no inherited property can be sold until the "Succession" has been officially registered (up to 6 months after the decease, esp. at present with Covid slowing procedures up).
Are you on good terms with the other joint owner(s)? In any case, find the Notàrio (the relevant "solicitor") who dealt with the original property purchase and he/she will advise on the procedure. You'll need to produce a lot of paperwork to prove your relationship to the deceased, and possibly your parent's Title Deeds for the property if for some reason you choose another Notarial Office.
Good luck with this bureaucracy which adds to your bereavement....

riv

No knowledge of Portuguese law. However, if there is a surviving joint owner I would be surprised if the law permits the property to be sold without that person's consent.........ie if s/he wishes to continue living there I would imagine the law permits that to happen until the person voluntarily leaves ( or dies ).

But in any event you would be advised to search online for lawyers in the specific location of the property. . It is quite likely that there will be websites with recommendations from previous clients. Most lawyers speak English well, and their websites often have pages in English. In your first email contact you should not be coy in asking what their Fees are, and whether charged per hour or otherwise.

You do not specify if the surviving joint owner is in a relationship of hostility to you or not. If so that will make things much more complicated, and also fraught with the possibility of huge legal expense and delay with little return. If instead you are on friendly terms then see a lawyer together to see what the law requires to happen.

You do not specify if there are other children ?

If your parent did not make a will naming you as beneficiary perhaps that's because s/he did not want any of her / his equity in the property to go anywhere other than to his /her surviving partner. Which after all would be a reasonable decision to make.

barlaventoexpert

Try Edwina Shrimpton in Lagos..

https://www.edwinashrimptonlawyer.com

She has helped us out on issues regarding wills.

dmu

This occurred to me, too.
But, if the other joint owner is a "partner", i.e. living as an unmarried couple, then the Notario dealing with the purchase should have advised the OP's parent to make a Will to clarify his/her wishes, all the more so as there's at least one child concerned.
As advised, the OP should consult a Notario in the locality of the property, detailing her parent's family situation, and he/she will find out who is dealing with the parent's Succession. I forgot to mention that it will be necessary to show the Death Certificate, in addition to proof of relationship with the deceased.
I'm no lawyer, but going from observation on such matters in France...

RichardHenshall

If the deceased was British and/or resident in the UK I think that it would be the UK's intestacy laws that would apply and that Probate would need to be granted in the UK before anything could happen with a Portuguese property.

riv

My understanding is that UK laws of intestacy can apply in respect of an UK national resident in Portugal.........but ONLY if s/he has specifically opted for that , I assume by making a Declaration to that effect before a Notary.

If the deceased died intestate it seems unlikely that s/he would have made the Declaration choosing for UK laws to not apply. Tho' not impossible.

Andyj100

That is not the case. I am currently dealing with the succession of my father for his flat in France. It very much follows the law of the country where the property is. If you have an overseas property and you want anything other than the local succession rules to apply, you need a local will, and one that would be enforceable (ie it may not be possible to disinherit children). Some places are worse...I used to live in Texas where the state aggressively tries to seize the assets of people that die intestate.

SgtTroy

https://eur-lex.europa.eu/legal-cont...x%3A32012R0650

That is, if the OP has an EU passport.
Otherwise it does become indeed complicated.

dmu

Precisely, the local succession rules apply to local property where there's no Will. The Notario dealing with the sale should have warned the OP's parent, since the joint-owners don't seem to have been married.
If she's still in the building, it would be good if the OP gave more details, without being too personal. Members can't advise without knowing all the facts and, in any case, a Notario is indispensable.

liveaboard

The OP only asked for a recommendation for a lawyer.
And after that request, it looks like the OP hasn't been back.