# Probate and stamp duty in portugal



## Em2cv (Sep 14, 2014)

Hi, I inherited half of a property in the Algarve via a UK will, the heirs have been recognised, and as a non successional beneficiary I have paid stamp duty of 10%. We are now trying to carry out a transfer of ownership between heirs, and have discovered that UK probate was never obtained by the executor. Is UK probate required for a UK will in Portugal even if there were no UK Assets?
The Portugese lawyer is also asking for the original will, along with UK probate, but if we apply for UK probate, we will no longer have the original will!! Very confused, not helped by the fact that we do not have the original will at present. 
It has been suggested by a UK notary that when the document acknowledging the heirs was issued by the notary in Portugal, they may have kept the original will, and issued a copy, does anyone have any experience of this?
dealing with all this is certainly baffling, I won't be compIaining about UK laws again!


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