Probate Law Portugal

A tradition-laden country, Portugal has some of the most favourable probate laws in Europe. However, an inheritance can be an emotional and sensitive issue, as well as a complex legal matter.

Probate has always been a very delicate subject and therefore always requires full attention and dedication. The professional assessment of the deceased’s estate will determine whether or not your Will is valid and/or can be implemented in accordance with your wishes.

Our probate experts can assist you in the best way possible throughout this process, ensuring that you are fully aware of your rights and duties during this difficult time.

Key services include:

• Estate planning – preparation of Will either a Portuguese Will or International Will;
• Estate division by agreement or through the courts;
• Gifts of property, land or money to a friend or relative

Planning your estate is a very important part of life. Whether you want to plan ahead or to replenish an existing Will, using a Portuguese Will or International Will, you need to take certain steps to ensure that it will be effective when required. Equally important, you need to make the right choices on how your estate should be divided according to law and custom.

If the deceased has not made valid dispositions in his/ her Will, either wholly or in part, then the Estate will be divided in accordance with the Intestacy Rules.

The legitimate heirs (herdeiros legítimos) in accordance with Portuguese Law are as follows,

1. Spouse and Children
2. Spouse and parents
3. Siblings and their descendants
4. Other family members to the 4th degree
5. The Portuguese Republic

In the above, the head of the inheritance will be appointed and will be in charge of administering the estate.

The documents that prove who the legitimate heirs are

1. Court decision
2. Public Deed
3. Simplified Deed of heirs issued by the Civil Registry

Call one of our Portuguese Probate experts at Castelo Solicitors today on 020 3441 5095