# Portuguese Property fiasco



## First78 (Sep 21, 2015)

My Dad died 3 years ago. He owned a property in Portugal that he and my Mum built on a piece of land. My Dad didn't make a will and the property is in his name. My Mum sent her marriage certificate and Dad's death certificate to the lawyer they had in Portugal over 18 months ago...this week after them doing nothing throughout this time they have told my Mum these documents are not enough and that she needs to "obtain a document like a certificate of inheritance or any certified declaration from a register office or notary public" in which it indicates that she is the heir.
I'm at a total loss what to suggest she do or who she speaks to to try and sort this out.
Can anyone offer any advice on what sort of document this would be?


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## LuciaFragoso (Jul 15, 2020)

First78 said:


> My Dad died 3 years ago. He owned a property in Portugal that he and my Mum built on a piece of land. My Dad didn't make a will and the property is in his name. My Mum sent her marriage certificate and Dad's death certificate to the lawyer they had in Portugal over 18 months ago...this week after them doing nothing throughout this time they have told my Mum these documents are not enough and that she needs to "obtain a document like a certificate of inheritance or any certified declaration from a register office or notary public" in which it indicates that she is the heir.
> I'm at a total loss what to suggest she do or who she speaks to to try and sort this out.
> Can anyone offer any advice on what sort of document this would be?


Hi,
I am sorry for your situation.
Indeed you need that document called "Habilitação de herdeiros". In your case I would suggest you do all the things with a lawyer but maybe not the one you are working with. This should be a simple thing.
I hope you manage to solve everything
Regards,
Lúcia Fragoso


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## First78 (Sep 21, 2015)

LuciaFragoso said:


> Hi,
> I am sorry for your situation.
> Indeed you need that document called "Habilitação de herdeiros". In your case I would suggest you do all the things with a lawyer but maybe not the one you are working with. This should be a simple thing.
> I hope you manage to solve everything
> ...


Thanks for your reply. The lawyer we have in Portugal has just told us we need to get this document, but we are in the UK. My parents were not living in the UK prior to my Dad's death.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

So, how is this a property fiasco ?

fiasco
/fɪˈaskəʊ/

_noun_


a complete failure, especially a ludicrous or humiliating one.
"his plans turned into a fiasco"


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## Strontium (Sep 16, 2015)

First78 said:


> My Dad died 3 years ago. He owned a property in Portugal that he and my Mum built on a piece of land. My Dad didn't make a will and the property is in his name. My Mum sent her marriage certificate and Dad's death certificate to the lawyer they had in Portugal over 18 months ago...this week after them doing nothing throughout this time they have told my Mum these documents are not enough and that she needs to "obtain a document like a certificate of inheritance or any certified declaration from a register office or notary public" in which it indicates that she is the heir.
> I'm at a total loss what to suggest she do or who she speaks to to try and sort this out.
> Can anyone offer any advice on what sort of document this would be?


Portugal rejoices is a couple of things which either are frustrating or charming depending on circumstances - different people apply rules differently and everything takes 10 time longer then quoted. The "dealing with lawyers and not reaching a satisfactory conclusion" is, unfortunately, quite common. It's not them being difficult but just how things pan out here. Try and find another Lawyer (or two) local to where the house is, explain simply what you want and ask for a price and time schedule. One way of getting lawyers is to ask local estate agents for list of local lawyers - not asking for them to recommend any.


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## TonyJ1 (May 20, 2014)

Some advice has already been given - basically you need to get hold of a competent lawyer who know how to handle this type of situation. It is not particularly difficult, but it appears that your file was relegated to the bottom of the pile


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## Vidanova (Dec 20, 2021)

Many years ago we used to have a real estate agency in the Algarve and were approached several times over this issue where the children of deceased parents had inherited a property. In each case they wanted us to sell the property for them so we recommended suitable lawyers but because we also had an interest in getting it done quickly so that we could sell it we chased up the lawyers. If you intend to sell the property then find a good realtor who can recommend a good lawyer who will get a move on.


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