British Expats

British Expats (https://britishexpats.com/forum/)
-   Portugal (https://britishexpats.com/forum/portugal-89/)
-   -   Wills (https://britishexpats.com/forum/portugal-89/wills-851028/)

mfesharne Jan 18th 2015 8:26 pm

Wills
 
I appreciate that this link refers to France but it does say Europe wide so presumably includes Portugal.

The times they are a changin'

https://www.blevinsfranks.com/News/B...?ArticleID=684

Red Eric Jan 19th 2015 1:07 am

Re: Wills
 
The subject of wills comes up quite often on this and other forums - it has frequently been stated that the national law of the person making the will is respected here in Portugal, so I guess no change for us. We can leave our assets to whomsoever we wish.

Munsterfan Feb 2nd 2015 6:03 am

Re: Wills
 
Quick note: just spoke to an widowed Irish woman married decades to her Irish husband, they owed a home here in the Algarve for over 10 years...not certain IF they had residency here BUT the Irish WILL (all i's dotted and t's crossed in Ireland) was contested by a relative from his first marriage and because the WILL was NOT a Portuguese WILL it was in legal la-la land for three long expensive years. Just some random information.
Deb

bejaboz Feb 3rd 2015 11:33 pm

Re: Wills
 
It is wise to have your English or Irish will translated into Portuguese and notarised in PT. This helps reduce complications

dmu Feb 4th 2015 12:28 am

Re: Wills
 

Originally Posted by mfesharne (Post 11538025)
I appreciate that this link refers to France but it does say Europe wide so presumably includes Portugal.

The times they are a changin'

https://www.blevinsfranks.com/News/B...?ArticleID=684

Hi from the France forum!
If French Notaires take any notice of this, the French Inheritance Taxes will still be applicable, so Heirs mentioned in Wills who aren't relatives will continue to have to pay 60% of the value of their inheritance:eek:
Check with a Portuguese Notary to see what the consequences will be in Portugal.... And is the Inheritance Tax for non-related heirs (e.g. couples not legally bound) as horrific as in France?

TonyJ1 Feb 5th 2015 2:37 am

Re: Wills
 

Originally Posted by dmu (Post 11555345)
Hi from the France forum!
If French Notaires take any notice of this, the French Inheritance Taxes will still be applicable, so Heirs mentioned in Wills who aren't relatives will continue to have to pay 60% of the value of their inheritance:eek:
Check with a Portuguese Notary to see what the consequences will be in Portugal.... And is the Inheritance Tax for non-related heirs (e.g. couples not legally bound) as horrific as in France?

Not quite - inheritances by non immediate family (outside the direct line) are subject to taxes just slightly more than 10% (10% tax +.8% stamp duty) - therefore not as bad as in France. Maybe you should move to Portugal - and then also benefit from the 10 year income tax holiday (e.g. some pensions)

dmu Feb 5th 2015 4:03 am

Re: Wills
 

Originally Posted by TonyJ1 (Post 11556745)
Not quite - inheritances by non immediate family (outside the direct line) are subject to taxes just slightly more than 10% (10% tax +.8% stamp duty) - therefore not as bad as in France. Maybe you should move to Portugal - and then also benefit from the 10 year income tax holiday (e.g. some pensions)

That's incredible! Siblings and cousins pay a higher percentage than that in France.
But I was wondering about couples who aren't legally bound and therefore not related, or simply friends, named as heirs. What percentage would the surviving partner or friend have to pay on the value of the Portuguese property?

TonyJ1 Feb 5th 2015 4:28 am

Re: Wills
 
I am not sure on this, probably best to approach an English speaking notary or a good lawyer - make sure that they have some knowledge of cross country issues - a large proportion don't.

Mariboodebumbum Feb 7th 2015 5:14 am

Re: Wills
 
I bit the bullet and paid to have Portuguese wills, less hassle in the long run, I left everything to him, he leaves everything to me and when we're both dead split evenly between the kids!

mfesharne Feb 7th 2015 5:18 am

Re: Wills
 

Originally Posted by Mariboodebumbum (Post 11558839)
I bit the bullet and paid to have Portuguese wills, less hassle in the long run, I left everything to him, he leaves everything to me and when we're both dead split evenly between the kids!

Would it be rude of me to ask how much it cost you? (PM if you prefer)

We were quoted €1400 for our 2 mirror wills and I reckon that's daylight robbery!

Mariboodebumbum Feb 7th 2015 5:25 am

Re: Wills
 
It was about 3 years ago and we think we paid around €600 for mirror wills so €1400 is steep.

Mariboodebumbum Feb 7th 2015 5:27 am

Re: Wills
 
Also - someone correct me if I'm wrong- there is a tow tier representation system here. There are solicitors who deal with everyday nitty gritty stuff and those who able to represent you in court and the court one will charge more.

mfesharne Feb 7th 2015 5:45 am

Re: Wills
 
Thanks Maria........ I'll have to look into it further but someone told recently a notary can do wills and a solicitor isn't needed at all........ not sure how true that is though.

TonyJ1 Feb 7th 2015 7:10 am

Re: Wills
 
If you employ a lawyer, you still need to go through a notary as well.

TonyJ1 Feb 7th 2015 7:13 am

Re: Wills
 

Originally Posted by Red Eric (Post 11538157)
The subject of wills comes up quite often on this and other forums - it has frequently been stated that the national law of the person making the will is respected here in Portugal, so I guess no change for us. We can leave our assets to whomsoever we wish.

As long as a will is made - if no will or a similar document stating that you wish to be governed by your personal law, than as from the 17 August, Portuguese law will apply. Any will can still be contested for a number of reasons. Whether it will hold water or not, it is always a matter for the courts in the last instance


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