Wills and Probate in Portugal

A UK citizen with assets in Portugal and in the UK should be aware that the inheritance laws vary between the two countries and there are differences that should be considered with regard to the disposal of their estate. Cross-border wills and estates can often prove to be complex and it is strongly advised that you seek advice from an experienced lawyer in relation to how you dispose of your Portuguese assets in a will. 

Under the law of England and Wales a person making a will is free to choose to leave their assets to anyone they wish to in whatever proportion they select provided a valid will has been drafted. Whereas the law in Portugal operates a forced heirship system which means the estate is allocated in fixed portions to designated relatives and this cannot be overridden by a will.

Giambrone & Partners’ well-regarded expert inheritance and wills lawyers can guide and advise you in protecting your estate and ensuring that your chosen beneficiaries will inherit as you intended without any problems.

A will drafted in accordance with the law of any foreign country can protect your Portuguese assets but it is highly recommended that both Portuguese and English wills are drafted allowing the respective assets from both countries to be dealt with in accordance with the laws of both countries which will enable your executors to deal with the administration of your estate smoothly reducing any costs involved and eliminating lengthy time consuming procedures.

Giambrone & Partners’ inheritance and wills lawyers can ensure that the wills do not conflict or inadvertently revoke one another in the future. It is important, if you have an existing will, to make certain that any lawyer involved in drafting a will for you is fully aware of the contents of any other will.

Our lawyers can guide your executors through procedures involved in probate in Portugal, taking the burden from your shoulders whilst keeping you fully informed at each stage of the process.

For more informaton about wills, estate management and probate in Portugal please click here