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Testament making in Portugal

Last activity 04 January 2021 by JohnnyPT

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Butze

Hello Everybody,

I need to change my will and am unsure of the Portuguese laws. I am Swiss and German citizen, residency in Portugal since 1 year. My daughter is married in the USA and has Swiss and American citizenship, the same for my granddaughter. I know from Germany and Switzerland, any close relative has the right to a compulsory part, which does not exist in the USA. I am also unsure of the format, handwritten? Witnesses? Attorney needed or notarized? If anybody has good answers, please kindly let me know.

Butze

jketter323

I found this site to be helpful but would suggest hiring a lawyer just to be sure you and your heirs are protected. expatica.com/pt/finance/money-management/planning-your-wills-and-estates-in-portugal-88897/#:~:text=Portuguese%20inheritance%20laws%20are%20consistent,portion%20usually%20increases%20to%2060%25.

JohnnyPT

Hi Butze,
Please check these 2 links:

Planning your cross-border inheritance:
(Official EU website - several available languages)
https://europa.eu/youreurope/citizens/f … dex_en.htm

Your inheritance also know legally as succession will usually be handled by an authority - often a court or a notary – in the EU country where you last lived. This authority will in most cases apply its own national law to your inheritance.

EU rules however allow you to choose that the law of your country of nationality should apply to your inheritance – whether this is an EU country or not.

If you have several nationalities, you can choose the law of any of your nationalities.

You should express your choice of law explicitly and clearly, in a will or in a separate declaration. Your will or declaration will be considered valid if it meets the requirements of:
- the EU country where you last lived, or
- the law of your country of nationality, if you so choose.

_______________
Information on how to make a testament in Portugal:

https://eportugal.gov.pt/servicos/realizar-testamento
(Official portuguese government website - Need translation)

- Who can make a testament?
- When can a testament be drawn up?
- Where can a testament be made? Search for a service point near you in Portugal
- What are the documents and requirements for making a testament?
- What is the price to make a testament?
(...)

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