# portuguese will



## b7fry (May 25, 2010)

can anyone tell me if its necessary to change a u.k will to a portuguese will if i live here.
thanks
jean


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## canoeman (Mar 3, 2011)

Yes, in that it should be translated and Notarized in Portugal, the major reason is that a UK Will in English and not registered here in one of two ways *has to be probated in UK* before it can be legally used in Portugal to probate an estate.

Also there are certain things or wording that might be used in a UK Will that create problems with Portuguese Probate like Trust, codicil, Trusts because they don't exist in Portuguese law and create conflict and delay, codicils are *not* accepted in Portugal to make changes to a Will, changes require a new Will to be drawn up and Notarized. Also the wording etc for children should they be from separate marriages/partnerships or not legally adopted.

There's a lot of info on site Wills where covered extensively last year


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## b7fry (May 25, 2010)

thanks for that, so i can have an english will translated, my neighbours are telling me it has to be a fresh one made here which seem very expensive compared to u.k wills.
jean.


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## canoeman (Mar 3, 2011)

Yes but bear in mind the points I made, as we all have different assets you might need advice on how or the wording to use.

Portuguese Law allows you to leave your estate as you wish (because UK Law says you can) but you are bound by Portuguese Tax Law so "estate" left to spouse, direct children, parents and certain assets is *IS* (Stamp Duty) free but if left to persons, institutions outside those parameters then *IS* is 10% of "taxable" value

Afraid whether you can do a direct translation of your UK Will depends on how it's worded


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## b7fry (May 25, 2010)

Thank you so much for that you've been a great help.
Have a good day
Jean


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