Make a last Will & Testament in Portugal

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We used this service for some specific legal and administrative issues relating to our property ownership in Portugal. Teresa and her team were very helpful, their service fees were reasonable. I would absolutely recommend them. We then used them again for IMI representation.
Kay Hall
Kay Hall
11 Mar 2024
Trustpilot Review

Service Details

Make a last Will & Testament

This service is available across Portugal

Who Can Benefit from this Service?

  • This service is vital for English-speaking expats residing in Portugal or those with assets in the country. 
  • It is designed for individuals who wish to make Wills in Portugal and so ensure their estate is managed according to their wishes, in compliance with Portuguese legal standards. 
  • This is particularly important for those with substantial assets or complex family situations.
Who Can Benefit from this Service?

Useful Information

There are three primary types of Wills recognized:

  • Public Will: Prepared and certified by a notary in the presence of witnesses, ensuring formality and public record.
  • Cerrado (Closed) Will: Written by you (or another on your behalf), signed, and then sealed. It is only opened after your death and must be formally accepted by a notary (allows for a more confidential drafting process but requires notarization to confirm its validity).
  • Vital Will: Focuses on medical treatments and personal care preferences rather than the distribution of assets​

In Portugal, not all of your estate can be freely distributed according to your Will. There's a portion of your estate, known as the "legitimate portion," that is reserved by law for specific heirs, such as your spouse, children, and parents. This portion must be respected in your Will, limiting the amount you can freely allocate to others​.

Finally, a legal Will in Portuguese and English is necessary: the Will must be drafter in both languages for local enforcement, and full comprehension by English-speaking testators.

Useful Information

Prerequisites

You must be of legal age and mentally capable of making such decisions. Your decisions should be made freely, without external pressure or influence. 

It's advised to seek guidance from a legal professional specialised in succession law to ensure all legal requirements are met and to navigate the complexities of estate planning effectively. When preparing your Will, you'll need to provide:

  • A valid form of identification, such as a Citizen Card or Passport.
  • Your Tax Identification Number (NIF) if your Will includes any tax implications.
  • Documentation proving ownership of any assets included in your Will.
Prerequisites

Procedure: Our Approach

  1. Initial Legal Consultation: We begin with a comprehensive consultation to understand your estate planning needs, your family situation, and any specific wishes you have for your estate after your passing. This step is crucial for tailoring our advice to your unique circumstances.
  2. Choosing the Type of Will: Based on your preferences and situation, we will help you decide on the most suitable type of Will—public, closed (cerrado), or vital. Each type has its specific legal requirements and advantages, whether it's the simplicity and privacy of a closed Will, the clarity and legal robustness of a public Will, or the specificity of a vital Will for medical and personal care preferences​​.
  3. Document Preparation: You will need to gather essential documents, such as your Citizen Card (or Identity Card) and Tax Identification Number (NIF), along with any property ownership documents if applicable. These documents are vital for the legal process and to ensure your estate is correctly identified and managed according to your wishes.
  4. Drafting Your Will:
    1. For a public Will, we will schedule an appointment with a notary, where your wishes will be formally documented in the presence of witnesses.
    2. If you choose a closed Will, we'll assist you in drafting your Will personally, ensuring it meets all legal requirements before it's sealed and delivered to the civil registry conservator.
    3. Throughout this process, we ensure that your Will is clear, objective, and reflective of your wishes to prevent any potential future disputes​​​​.
  5. Legal Validation and Safekeeping:
    1. Once drafted, your Will needs to be legally validated. For a public Will, this happens at the notary's office. For a closed Will, it involves delivering your sealed Will to the appropriate legal authority.
    2. We can also advise on safekeeping options for your Will to ensure it is preserved securely and can be accessed by the right persons after your death.
  6. Future Changes and Revisions: Circumstances change, and so might your wishes. We provide guidance on how to update or revise your Will, ensuring it always reflects your current wishes and legal standards in Portugal.
Procedure: Our Approach

Benefits

  • Drafting a Portuguese Will with professional assistance ensures that your assets are distributed according to your wishes while abiding by Portuguese inheritance laws. 
  • It significantly reduces potential familial disputes over asset distribution, providing peace of mind. 
  • Additionally, a well-drafted Will, can provide tax advantages, ensuring that heirs receive the maximum benefit from their inheritance. 
  • This service ultimately offers a structured pathway, mitigating any legal hurdles, and ensuring a harmonious transition of assets to the designated heirs.
Benefits

Benefits - Why Choose Our Service

  • Comprehensive Legal Expertise: Navigating the complexities of Portuguese law for expats.
  • Customized Estate Planning: Tailoring your Will to fit your specific needs and circumstances.
  • Peace of Mind: Knowing your estate will be handled as per your wishes.
  • Clarity and Accuracy: Avoiding conflicts among heirs due to ambiguous or imprecise wording.
Benefits - Why Choose Our Service

Key Components of this Service

  • Legal advice on Portuguese inheritance laws and expat considerations.
  • Assistance in drafting a Public Will or Closed Testament.
  • Support in registering the Will with the Notary Public.
  • Guidance on the applicable laws for foreigners living in Portugal.
  • Ensuring compliance with the Portuguese Civil Code regarding legitimate heirs and their rights.
Key Components of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
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