Portugal has been a country of choice for British nationals considering relocating abroad or buying a holiday home. The wonderful climate, affordable lifestyle and friendly culture across Portugal from the ever popular Algarve, the Silver Coast with its fishing villages, medieval buildings and spa town to Porto with its rich culture and,history, there is a wide choice of pleasant friendly environments. For British nationals, frequently retirees, taking the step of relocating to Portugal requires careful consideration. Giambrone & Partners English speaking Portuguese lawyers can assist in managing all factors that have to be taken into account, from house purchase to visas to ensure a smooth transition to your new environment.
There is one aspect which is frequently overlooked, that of how to ensure that your chosen beneficiaries receive the inheritance you intended. Portugal and England and Wales have quite different laws of succession. If a foreign national makes Portugal their choice of domicile and dies intestate their estate will be subject to Portugal's forced heirship laws of succession.
Tânia Pereira Teixeira, an associate based in the Porto office, commented "the subject of inheritance is often neglected by British ex-pats resulting in consternation within their British family if their relative dies intestate and the Portuguese forced heirship laws are applied. Blended families with step children, unmarried partners and children born to unmarried parents frequently form part of the family group in all countries. An individual may want to advantage their long-term unmarried partner or a step-child and the testimony freedom granted in England and Wales allows for the inclusion or exclusion of any or all family members at the testator's choosing or permits the testator to leave their estate to any person or organisation they choose provided that they have not be coerced into doing so by a third party." Tania further stated "Portugal, following EU Regulation 650/2012 (Brussels IV), permits a foreign national to designate the application of inheritance laws of their home country in respect of their estate. Duals wills may be the most secure way to ensure that your wishes are complied with, dependant on your circumstances"
Giambrone & Partners inheritance lawyers have many years of experience in dealing with cross-border inheritance and are skilled at advising clients on how to ensure their wishes are accurately reflected in a will. This provides security for both the beneficiaries and the testator, knowing that the estate will be protected by a solid, iron-clad will and distributed according to the precise wishes of the deceased.
Here are the two distinct systems for inheritance that follow different principles.
Portugal
The principle of forced heirship, meaning that the deceased's estate is divided between close relatives who are nominated by law to receive designated percentages of the estate.
The relatives who comprise forced heirs are:in the following order:
- Spouse and Descendants (includes biological and legally adopted
- children);
- Spouse and Ascendents (includes parents and grandparents);
- Siblings and their descendants;
- Relatives up to the fourth degree; and the State (In the absence of living relatives, the estate reverts to the State).
Proportions of the estate allocated to the Heirs
("Legítima")
- Spouse and legitimate children - two thirds of the estate to be divided
- evenly between them
- Legitimate children only – half the estate for an only child and two
- thirds for two or more children
- Spouse and parents – two thirds of the estate divided evenly
- Ascendents – parents one half of the estate, grandparents one third of the estate
The deceased is entitled to dispose of the undesignated portion of the estate – the disposal portion - as they choose with the exception of the last doctor to treat the deceased, the priest of the community where they attended, or a curator, tutor, or administrator of the deceased are all prohibited to inherit by law. It is crucial that, in the case of dual wills, that one will does not negate the other. Our highly skilled multilingual inheritance lawyers, both in England and Portugal, can provide legal advice to protect your estate all under one roof. You can be confident that there will be no challenges to your will and all your beneficiaries will receive the inheritance you planned for them.
Should any unexpected questions or spurious challenges be encountered, our lawyers will be able to safely navigate any issues that may arise.
Tânia Pereira Teixeira, an associate based in the Porto office, she graduated in Law from the University of Coimbra and is qualified to practice law in the Portuguese Legal System since 2019.
She is experienced in a range of practice areas including employment law, commercial law as well as inheritance and succession law and criminal defence law.
Tania aims to fully understand her clients objectives and the risks that they may face in order to provide comprehensive advice and guidance in all aspects of their legal matters. Contentious issues are dealt with initially by means of alternative dispute resolution. if litigation is unavoidable, she is tenacious robust to obtain the best conclusion for her clients
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
