# Wills



## travelling-man (Jun 17, 2011)

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/BlevinsFranks/BlevinsFranksNews?ArticleID=684


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## baldilocks (Mar 7, 2010)

travelling-man said:


> 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/BlevinsFranks/BlevinsFranksNews?ArticleID=684


This is already the case in Spain and has been for some time and we can also have a bilingual will. It is written out in two columns - on the left in Spanish and, on the right, the same, but in English.

However, take care. If you are from Scotland, there are protected heirs as well. While Wales and Northern Ireland are pretty much the same as England as far as the laws of succession are concerned.

Also you should take care with regard to the traditional statement in UK wills "The will revokes all others..." because that means you Portuguese will could be invalidated assuming that you have wills in both countries relevant to the assets in those countries.


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## canoeman (Mar 3, 2011)

It is already and has been for numerous years that a Non Portuguese person of any Nationality can make a Will that would be legal in their own country.

The new Directive when passed will follow current Portuguese Law, think back to posts that you have contributed where Wills have been covered in depth

Your Portuguese WILL should only cover Portuguese assets


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## travelling-man (Jun 17, 2011)

C/M

I see what you mean but this says that home country laws can/will apply to PT property....... I for one have suffered long term confusion on this just like the local rental licences because every ****** seems to tell you something different. lol!


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## canoeman (Mar 3, 2011)

It only would apply if you are a NON Resident who owned a 2nd home, they require a Portuguese Will to efficiently process Probate and property assets are transferred to beneficiaries .

A NON Resident should also include their Portuguese assets in their HOME countries Wills as they form part of their worldwide estate (this might vary country to country but certainly applies to UK) any IS payable in Portugal can be offset against Death Duties in UK

Lot of misinformation out there and with respect doesn't help posting links to France that have far more restrictive Laws of Succession than most.

If you have a Portuguese Solicitor/Lawyer *who really knows their job* then it is still possible to apply UK Law on Succession even if a Will is not made but I wouldn't advise that as they are few and far between


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## travelling-man (Jun 17, 2011)

The article says it applies throughout Europe but perhaps I misunderstand it.


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## Pgmills (Jan 19, 2015)

This is an incredibly complex area in Portugal. Having been through the legal battle on a will specifically stating that Uk law applies I can say it is the luck of the draw how the Courts interpret EU legislation. In principle the law of the land of one's Nationality applies but.......


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## canoeman (Mar 3, 2011)

It all depends on your Solicitor here and there knowledge, mine I helped with a friend who's husband died interstate and we with little problem proved UK Law applied, she has since dealt with 2 other interstate issues and really knows her business, yet I still have friends say our lawyer says we can only make Portuguese Wills.

Never something people like tackling but it is worthwhile finding that 1 Solicitor in your area that understands UK & Portuguese Law on Succession and how it's applied and goes through Probate


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## travelling-man (Jun 17, 2011)

The only lawyer I've found in this area that even claims to know both UK & PT law is asking €700 per will and I reckon that's daylight robbery!


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## canoeman (Mar 3, 2011)

Ask him for a breakdown on costs or get a Portuguese to ask him the cost of a Will, theres no difference between a UK Will & Portuguese except how you leave things, the cheaper of 2 options is not registering Will at the Conservatoria, you just keep it safe


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## DREAMWEAVER1 (May 28, 2013)

canoeman said:


> It all depends on your Solicitor here and there knowledge, mine I helped with a friend who's husband died interstate and we with little problem proved UK Law applied, she has since dealt with 2 other interstate issues and really knows her business, yet I still have friends say our lawyer says we can only make Portuguese Wills.
> 
> Never something people like tackling but it is worthwhile finding that 1 Solicitor in your area that understands UK & Portuguese Law on Succession and how it's applied and goes through Probate


CM,do you mean "interstate",as in,between countries,or intestate?


David


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## canoeman (Mar 3, 2011)

There appears to be a new law coming into effect August 2015 that any nationality dying "interstate" then Portuguese Law on Succession will apply

Another major reason for residents and non Residents to protect their Portuguese assets 

I've yet had a chance to verify one way or another


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## TonyJ1 (May 20, 2014)

canoeman said:


> It all depends on your Solicitor here and there knowledge, mine I helped with a friend who's husband died interstate and we with little problem proved UK Law applied, she has since dealt with 2 other interstate issues and really knows her business, yet I still have friends say our lawyer says we can only make Portuguese Wills.
> 
> Never something people like tackling but it is worthwhile finding that 1 Solicitor in your area that understands UK & Portuguese Law on Succession and how it's applied and goes through Probate


There is a new European Law that will be effective as from the 17th August 2015, for all residents dying in any of the European Union countries (except for The UK, Ireland and Denmark which have opted out of this law), whereby the law of the country of residence will apply, unless they have made a will (or similar document) stating that the applicable law applying to their estate will be their personal law (usually the law of the country of birth - but not always). This law will also apply to residents who are from third countries e.g. US, Brazil, etc. unless the opt out document has been done.


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## DREAMWEAVER1 (May 28, 2013)

*Portuguese wills*

With relief,I am able to confirm we have made our Portuguese wills which covers all our assets in Portugal as we do not have any assets elsewhere.

Our Advogada and the Notaire in Tabua,where we spent 3 hours,both speak good English (which is a Godsend in itself)fully understood our requirements relevant to the August deadline.
The total cost for both will preparations and final certificate issuing from the Notaire was €533.50 including VAT,which for utter peace of mind,we were both happy to pay,however others may feel differently,when compared to say an English will,yes the Portuguese will is expensive...........but!

I can thoroughly recommend our lawyer,and will be happy to pass on her contact details if anyone wishes to PM me,she is Tabua,Central Portugal based. 

A rather "chuffed"David!!!


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## TonyJ1 (May 20, 2014)

Notaries will prepare the wills directly - find a notary that has a good command of the English language. However you will still need a competent translator to translate the final will to English. It should be cheaper than employing lawyers and then notaries.


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## DREAMWEAVER1 (May 28, 2013)

TonyJ1 said:


> Notaries will prepare the wills directly - find a notary that has a good command of the English language. However you will still need a competent translator to translate the final will to English. It should be cheaper than employing lawyers and then notaries.


As our lawyer speaks excellent English,we didn't feel it necessary to translate our wills in English,so they both remain in Portuguese.
When necessary,the wills be read by our lawyer,so no point in paying for any translation.


David


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## TonyJ1 (May 20, 2014)

The wills are always in Portuguese, but when the notary executes the will, normally they will require that as they are read, that they are translated (simultaneous translation) into the foreign language so that the wills are not challenged at a later stage.

The issue is not whether the lawyer understands Portuguese and English, but that a reader of the forum can go through to a notary directly without the intervention of a lawyer but will still need a translator. The employment of a lawyer is redundant to execute a will as a notary will always be required (and will draft a will according to requirements) - but if you cannot find a notary that speaks English (but the younger notaries normally speak good English) - then it is probably a good idea to have a lawyer to intervene on one's behalf. There are some complaints in the forum about the costs of drawing up a will - if you employ both lawyers and notaries there is a double set of costs - you will always need the intervention of a notary anyway.


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## baldilocks (Mar 7, 2010)

Your best bet is to employ a *competent* translator/interpreter to go with you to the Notary. The Notary is required to read the will to you and you have to confirm that you understand it before signing it and the notary has to state that he/she has read it to you.


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## In 2 bikes (Apr 18, 2013)

Did mine with my solicitor and the notaire, ( and the Mrs ) all in the same office, at the same time, stating that the Mrs gets it all, which is an exact copy of the Brit will. Cost me about 200 euros for the officials to type and sign the relevant documents there and then.


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## DREAMWEAVER1 (May 28, 2013)

In 2 bikes said:


> Did mine with my solicitor and the notaire, ( and the Mrs ) all in the same office, at the same time, stating that the Mrs gets it all, which is an exact copy of the Brit will. Cost me about 200 euros for the officials to type and sign the relevant documents there and then.


We both preferred to have our own,individual will made,which obviously doubled on the cost,but we have peace of mind,which doesn't really have a cost attributed to it.

The Notaire's charge was €174.50 inc vat,per will.


David


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