# Help!?



## Philmoth (Nov 13, 2014)

Hi all, 

I am new here so I shall keep this as short and to the point as I can. My mother was an English Expat and moved to Portugal. She died leaving me a house with no will. I hired a solicitor in Portugal to deal with matters but she took me for a ride to the tune of £1000. So now I have to deal with matters myself. I have no idea where to start and all attempts at emailing various government officials have failed.

I should explain that I live in the UK and am not really in a position to make frequent flights out to Portugal. 

Any advice and time frames for getting the matter solved and the house sold would be greatly appreciated. 

Thanks for your time in advance.

Phil.


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## canoeman (Mar 3, 2011)

You can't sell house until you have and can prove ownership.

There are strict time scales in which things need to be done in Portugal, Probate is within 3 months from date of death also Financas, one thing you or any beneficiary will reguire is a NIF(Tax Number) no transfer of anything can be done without one.

Probate in Portugal is a 2 stage process
1. Signing a deed of entitlement of heirs. This is a deed that is entered into before a Portuguese
notary, in which three witnesses confirm that the testator has passed away, and the heirs of the testator are identified, in accordance with the will. If there is no will, the rules of Intestacy succession will apply, and this will also be stated in the deed.
2. The Deed of Entitlement is registered with Financas who calculate any possible IS and once paid then transfer of ownership of assets can begin

Probate is certainly possible for a English Expat dying without a valid Will but you do need a solicitor/lawyer who knows exactly what they are doing.

Portuguese Succession Law recognizes a person country of Birth as the Law of Succession, so if your Mother was British then the lawyer can apply for British Intestacy Law to apply and have that proven by a recognized UK Lawyer in Portugal, providing you fall into the sole inheritor category which you would need to prove you should inherit 100% of Estate, if there others involved then it would be shared pro rata, each would have to prove their interest.

Although Portugal recognizes your Nationality as the basis for a Will, Portuguese Tax Law applies to Portuguese assets, the person who inherit free of IS (Stamp Duty) are deceased parents, the natural or adopted children, any not in that line would be responsible for payment of any IS due on their inheritance

As your on back foot already I'm afraid the first thing you need is a competent Solicitor who fully understands the process as it relates to a UK National to represent you, *this is really something that you cannot attempt to do yourself *

Hope this clears the air a bit for you and you have a better understanding of what is reguired


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## travelling-man (Jun 17, 2011)

Let me add to C/Ms excellent advice that whilst you should be able to find a lawyer that'll get the transfer done before expecting payment, it's unlikely you'll find one that'll wait for payment until the house is sold.


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## canoeman (Mar 3, 2011)

As I was too late to edit my post just a couple of further things
Probate
Part 2 with Financas cannot commence till Part 1 with Notary is completed *but * Financas should be informed that Part 1 has commenced, if your out of timescale in initially reporting to Financas you are automatically fined, you might have a case to appeal a fine if your 1st Solictor can be proven (which might not be easy) to not have done her job, but I wouldn't hold your breath, better to pay and chalk it up to experience

Please note this should include surviving spouse if applicable
"Although Portugal recognizes your Nationality as the basis for a Will, Portuguese Tax Law applies to Portuguese assets, the person who inherit free of IS (Stamp Duty) are deceased parents,* spouse*, the natural or adopted children, any not in that line would be responsible for payment of any IS due on their inheritance

I would also advise that you check *British Intestacy Law** to make certain you are the sole legal heir, if your not then you will open yourself to all sorts of issues*, you will have to substantiate this in Portugal, by supplying proof of ID, Passport, Your Birth Certificate and maybe more, must be proven and in UK this is the only competent body that can do this for you https://www.gov.uk/get-document-legalised , any documents like these also reguire "official" translation


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## Philmoth (Nov 13, 2014)

Hi, 

Thank you for your replies they are greatly informative and much appreciated. 

As I can't really afford the trail and error method of solicitors (the last one costing me 4 years and £1000 haha!!) 

Can anybody suggest any good solicitors? 

Thanks again! 

Phil.


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## travelling-man (Jun 17, 2011)

Philmoth said:


> Hi,
> 
> Thank you for your replies they are greatly informative and much appreciated.
> 
> ...


In what area?


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## canoeman (Mar 3, 2011)

Yes but ideally you need one on the doorstep and in area of Property, 4 years this will just now make life far more difficult and problematic, did this Solicitor do anything? do you have any paperwork to substantiate was has or has not been done? do you even have a NIF number?


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## Philmoth (Nov 13, 2014)

Hi,

The area is near Silves and I do have a NIF number. I am not the sole heir I have a sister who wants nothing to do with the whole process. 

I am going to take your advice and just pay whatever fine I get and chalk it up to experience. Do you have any idea how much the fine is likely to be or how it is calculated? 

I recently graduated from University and am staying in a friends spare room as I have no contact with remaining family and no funds to get anything done. I can see this being a long and slow process haha! 

Thanks again and in advance, 

Phil.


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## canoeman (Mar 3, 2011)

I'm afraid your sister must take part in process whether she wants any of costs or proceeds or not, if you don't declare her then your application to inherit under UK Intestacy Law would be invalid and therefore would not succeed, fine after 4 years then it could be substantial, but a lot will depend on exactly what this Solicitor did or didn't do.

What paperwork documents do you have?


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## canoeman (Mar 3, 2011)

Go back to basics and check exactly what this Solicitor has done, it could be as simple as she's not aware of Non Portuguese Nationals rights in Succession (many Solicitors here don't) and might well have followed Portuguese Law of Succession and Intestacy in which case you might find it has been done.

If you employ a new Solicitor then they will reguire information on exactly what has been done or not done to date


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