# Portugal wills and inheritance



## Steve S (Jul 20, 2014)

I am currently living with my partner on Madeira island Portugal ..
We have bought a house which at the curent time is in my partners name but as I want to now buy into the property and have the house in joint names, She is worried about Portugese iheritance laws if I died before her, with the odd inheritance laws here insisting that children inherit property.

I have two grown up sons from a previous marriage, She has no children and we are not married.
We both have English wills with each other as main beneficiary's but my sons would inherit any property I own once my partner has died.

Do I need a Portugeze will too ? 

Thanks in anticipation 

Steve


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## paramonte (Sep 9, 2007)

If you are Portuguese surely everything you own will have your son´s as heirs despite your will terms, except for 10% of the assets that you can do whatever you want you it. This is called "quota disponível".

Even if you don´t have son's and your property is also owned by your partner, still if you die the property has to be shared with your parents, but in this case you can undo this through a will.

However if you are a foreigner I would believe the inheritance laws of your country applies.


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## baldilocks (Mar 7, 2010)

Steve S said:


> I am currently living with my partner on Madeira island Portugal ..
> We have bought a house which at the curent time is in my partners name but as I want to now buy into the property and have the house in joint names, She is worried about Portugese iheritance laws if I died before her, with the odd inheritance laws here insisting that children inherit property.
> 
> I have two grown up sons from a previous marriage, She has no children and we are not married.
> ...


Yes, you do need a Portuguese will, at least to cover any assets that you have in Portugal (You may have another will made out under UK law to cover any assets theree.

The essential of most (note 'most') countries' law on inheritance is that the domicile of the bequest/property, etc. is what covers the law of disposition (i.e. if it is located in Portugal then Portuguese law applies.) However under EU Succession Regulations, you have the right to have the law of your nationality apply. If you are English, Welsh and Northern Irish, this means that you can leave anything to whom you wish (if you are Scottish or Southern Irish then their laws require most/all property to be left to "reserved heirs" [in most cases = your children])

To have the law of your nationality applied you need your Portuguese will to state as the first clause:


> CLAUSES:-----------
> FIRST.- He states that he wishes the disposition of his assets, rights and shares to be under the provisions of the law of his nationality as provided for under the EU Succession Regulations, 650/2012 Article 22


Note that Article 22 is very important. The majority of the other articles assume the rule of domicile of the asset to apply (i.e. if it is in Portugal then Portuguese law applies, but not Article 22.

Article 22:


> Article 22
> 
> Choice of law
> 
> ...


If you search online for the regulations, you should be able to get a copy in Portuguese to put under the nose of any lawyer who is drawing up your Portuguese will. It usually comes up as a pdf and I think the relevant article is on page 15, but don't shoot me if this is incorrect - just keep looking through and make sure you are looking at "*Article* 15"


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## Steve S (Jul 20, 2014)

*Thanks*



paramonte said:


> If you are Portuguese surely everything you own will have your son´s as heirs despite your will terms, except for 10% of the assets that you can do whatever you want you it. This is called "quota disponível".
> 
> Even if you don´t have son's and your property is also owned by your partner, still if you die the property has to be shared with your parents, but in this case you can undo this through a will.
> 
> However if you are a foreigner I would believe the inheritance laws of your country applies.



I am English and my partner is English ..
My parents have already gone :-( 

Steve


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## baldilocks (Mar 7, 2010)

baldilocks said:


> Yes, you do need a Portuguese will, at least to cover any assets that you have in Portugal (You may have another will made out under UK law to cover any assets theree.
> 
> The essential of most (note 'most') countries' law on inheritance is that the domicile of the bequest/property, etc. is what covers the law of disposition (i.e. if it is located in Portugal then Portuguese law applies.) However under EU Succession Regulations, you have the right to have the law of your nationality apply. If you are English, Welsh and Northern Irish, this means that you can leave anything to whom you wish (if you are Scottish or Southern Irish then their laws require most/all property to be left to "reserved heirs" [in most cases = your children])
> 
> ...




Sorry that should read "Article 22"


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## travelling-man (Jun 17, 2011)

So is there a downloadable will form for people in our situation & also does said will then have to be translated and/or registered anywhere or can it just be completed, signed, witnessed & stored in a safe place until needed?

I was quoted €750 per will by a local lawyer which I consider a ridiculous price!


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## Steve S (Jul 20, 2014)

*Thanks*



baldilocks said:


> Yes, you do need a Portuguese will, at least to cover any assets that you have in Portugal (You may have another will made out under UK law to cover any assets theree.
> 
> The essential of most (note 'most') countries' law on inheritance is that the domicile of the bequest/property, etc. is what covers the law of disposition (i.e. if it is located in Portugal then Portuguese law applies.) However under EU Succession Regulations, you have the right to have the law of your nationality apply. If you are English, Welsh and Northern Irish, this means that you can leave anything to whom you wish (if you are Scottish or Southern Irish then their laws require most/all property to be left to "reserved heirs" [in most cases = your children])
> 
> ...



Hi.. Thanks for info.. Tried finding the article in Portugeze but the list seems different in Portugeze to English 
h**p://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650]EUR-Lex - 32012R0650 - EN - EUR-Lex
Is this the right page I am a little confused ! 
Steve


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## baldilocks (Mar 7, 2010)

Steve S said:


> Hi.. Thanks for info.. Tried finding the article in Portugeze but the list seems different in Portugeze to English
> h**p://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0650]EUR-Lex - 32012R0650 - EN - EUR-Lex
> Is this the right page I am a little confused !
> Steve


This is what you want:
EUR-Lex - 32012R0650 - EN - EUR-Lex

If you scroll down about half a page you will see a horizontal list of the languages click on the PT tab for the regulation in Portuguese. You can, if you wish, print it off to show to your Portuguese lawyer - it is Article 22 that is the relevant one (apologies for my previous error mentioning Art.15.)


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## baldilocks (Mar 7, 2010)

In the Portuguese version Article 22 is on page 14 and reads as follows:



> Artigo 22. o
> Escolha da lei
> 1. Uma pessoa pode escolher como lei para regular toda a sua sucessão a lei do Estado de que é nacional no momento em que faz a escolha ou no momento do óbito.
> Uma pessoa com nacionalidade múltipla pode escolher a lei de qualquer dos Estados de que é nacional no momento em que faz a escolha.
> ...


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## Steve S (Jul 20, 2014)

travelling-man said:


> So is there a downloadable will form for people in our situation & also does said will then have to be translated and/or registered anywhere or can it just be completed, signed, witnessed & stored in a safe place until needed?
> 
> I was quoted €750 per will by a local lawyer which I consider a ridiculous price!


I have been quoted 200-250 euro by a avogado in Madeira.

Steve


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## Steve S (Jul 20, 2014)

Many thanks-travelling man I will get in touch with my Advagado armed with more information in hand...

Steve


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