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Portuguese Inheritance Law

Posted: Tue Apr 10, 2012 11:40 am
by sunnydays
Viva Carvoeiro!

I was hoping someone on this site may have knowledge of Portuguese Inheritance Law. Basically, through Portuguese Inheritance Law (not a will) I now apparently own a small part of a property in Portugal. Thing is, I have no interest is owning a part of this property and would like to transfer my part to one of the other owners. ( I also know that there are innumerable properties lying derelict due to being owned or part-owned by some lost relative!) Does anyone know the simplest and quickest way of transferring my share? I am in the UK. The property and the person to whom I wish to transfer my share in Portugal. I have been told, of course, that it is not as quite as simple as signing a document here in the UK in the presence of a solicitor.

Any helpful (and economical) suggestions much appreciated.

Richard

Re: Portuguese Inheritance Law

Posted: Tue Apr 10, 2012 11:45 am
by laserblazer
I think that whatever happens you will need a Portuguese solicitor to sort it out, so my advice would be to ask for advice now. I've sent you a PM with the details of mine, who has done a great job for us.

Re: Portuguese Inheritance Law

Posted: Tue Apr 10, 2012 12:24 pm
by Gary/Gaynor
Agree get a solicitor to advise you. We took advise on various property law seeing, as we own a place, and it's invaluable.
Gaynor

Re: Portuguese Inheritance Law

Posted: Tue Apr 10, 2012 5:18 pm
by Bruce Wallis
Anything you do, must be drawn up by a solicitor, and then separately notarized.

If you dont dispose of your holding, I believe that under Portuguese law, you must draw up a Portuguese will, assigning the eventual benefit and title.

Re: Portuguese Inheritance Law

Posted: Wed Apr 11, 2012 2:44 am
by joeysoap
This is almost exactly what our solictor in Loule stated 3 years ago.


http://www.justportugalproperty.com/ind ... tugal.html

Re: Portuguese Inheritance Law

Posted: Wed Apr 11, 2012 4:44 pm
by biffa
Maybe best to gift it to another at their cost (10% stamp duty over the tax department value if non related party plus notarial/registration costs and legal fees if a lawyer is used)

Re: Portuguese Inheritance Law

Posted: Wed Apr 11, 2012 6:05 pm
by sunnydays
laserblazer - Thank you very much for the PM. Does seem that I will need a Portuguese solicitor.

joeysoap - Thanks for the info.

Seems I will have to use a Portuguese solicitor and actually go to Portugal. Does anyone know if it is possible for me just to sign something here in the UK once a Portuguese solicitor has drafted a doc. or whatever? Can the person whom I want to trasfer my unwanted share to do all this on my behalf in Portugal- contact solicitors etc - so that I just have sign something? Wishful thinking on my part? I was hoping not to have to do anything much from my part! :roll: Ah well.

biffa - that could be a good idea as I hadn't actually considered the tax implications! I'd foolishly hoped this would be relatively simple! :(

Re: Portuguese Inheritance Law

Posted: Wed Apr 11, 2012 6:09 pm
by sunnydays
Thank you all for your responses by the way :)

Re: Portuguese Inheritance Law

Posted: Wed Apr 11, 2012 7:05 pm
by laserblazer
If it's like signing a will then it's quite a palaver. We had to go with our solicitor and a witness to Lagoa and sign in front of a Notary.

Re: Portuguese Inheritance Law

Posted: Thu Apr 12, 2012 8:50 am
by biffa
You can achieve what you want without viisting here by issuing a notarised power of attorney with apostille in the UK. You need a lawyer though.

Re: Portuguese Inheritance Law

Posted: Thu Apr 12, 2012 11:14 am
by sunnydays
- biffa: Many thanks for the advice - probably the best option