Make a last Will & Testament in Portugal

Searching for Make a last Will & Testament in Portugal Service? Customer reviews to help you select from the best, most experienced Lawyers in Portugal

How clients rate our Make a last Will & Testament Service...

Advocate Abroad seeks client feedback to ensure continued high-quality service provision.
We used this service for some specific legal and administrative issues relating to our property ownership in Portugal. Teresa and her team were very helpful, their service fees were reasonable. I would absolutely recommend them. We then used them again for IMI representation.
Kay Hall
Kay Hall
11 Mar 2024
Trustpilot Review

Service Details

Make a last Will & Testament

This service is available across Portugal

Who Can Benefit from this Service?

  • This service is vital for English-speaking expats residing in Portugal or those with assets in the country. 
  • It is designed for individuals who wish to make Wills in Portugal and so ensure their estate is managed according to their wishes, in compliance with Portuguese legal standards. 
  • This is particularly important for those with substantial assets or complex family situations.
Who Can Benefit from this Service?

Useful Information

There are three primary types of Wills recognized:

  • Public Will: Prepared and certified by a notary in the presence of witnesses, ensuring formality and public record.
  • Cerrado (Closed) Will: Written by you (or another on your behalf), signed, and then sealed. It is only opened after your death and must be formally accepted by a notary (allows for a more confidential drafting process but requires notarization to confirm its validity).
  • Vital Will: Focuses on medical treatments and personal care preferences rather than the distribution of assets​

In Portugal, not all of your estate can be freely distributed according to your Will. There's a portion of your estate, known as the "legitimate portion," that is reserved by law for specific heirs, such as your spouse, children, and parents. This portion must be respected in your Will, limiting the amount you can freely allocate to others​.

Finally, a legal Will in Portuguese and English is necessary: the Will must be drafter in both languages for local enforcement, and full comprehension by English-speaking testators.

Useful Information

Prerequisites

You must be of legal age and mentally capable of making such decisions. Your decisions should be made freely, without external pressure or influence. 

It's advised to seek guidance from a legal professional specialised in succession law to ensure all legal requirements are met and to navigate the complexities of estate planning effectively. When preparing your Will, you'll need to provide:

  • A valid form of identification, such as a Citizen Card or Passport.
  • Your Tax Identification Number (NIF) if your Will includes any tax implications.
  • Documentation proving ownership of any assets included in your Will.
Prerequisites

Procedure: Our Approach

  1. Initial Legal Consultation: We begin with a comprehensive consultation to understand your estate planning needs, your family situation, and any specific wishes you have for your estate after your passing. This step is crucial for tailoring our advice to your unique circumstances.
  2. Choosing the Type of Will: Based on your preferences and situation, we will help you decide on the most suitable type of Will—public, closed (cerrado), or vital. Each type has its specific legal requirements and advantages, whether it's the simplicity and privacy of a closed Will, the clarity and legal robustness of a public Will, or the specificity of a vital Will for medical and personal care preferences​​.
  3. Document Preparation: You will need to gather essential documents, such as your Citizen Card (or Identity Card) and Tax Identification Number (NIF), along with any property ownership documents if applicable. These documents are vital for the legal process and to ensure your estate is correctly identified and managed according to your wishes.
  4. Drafting Your Will:
    1. For a public Will, we will schedule an appointment with a notary, where your wishes will be formally documented in the presence of witnesses.
    2. If you choose a closed Will, we'll assist you in drafting your Will personally, ensuring it meets all legal requirements before it's sealed and delivered to the civil registry conservator.
    3. Throughout this process, we ensure that your Will is clear, objective, and reflective of your wishes to prevent any potential future disputes​​​​.
  5. Legal Validation and Safekeeping:
    1. Once drafted, your Will needs to be legally validated. For a public Will, this happens at the notary's office. For a closed Will, it involves delivering your sealed Will to the appropriate legal authority.
    2. We can also advise on safekeeping options for your Will to ensure it is preserved securely and can be accessed by the right persons after your death.
  6. Future Changes and Revisions: Circumstances change, and so might your wishes. We provide guidance on how to update or revise your Will, ensuring it always reflects your current wishes and legal standards in Portugal.
Procedure: Our Approach

Benefits

  • Drafting a Portuguese Will with professional assistance ensures that your assets are distributed according to your wishes while abiding by Portuguese inheritance laws. 
  • It significantly reduces potential familial disputes over asset distribution, providing peace of mind. 
  • Additionally, a well-drafted Will, can provide tax advantages, ensuring that heirs receive the maximum benefit from their inheritance. 
  • This service ultimately offers a structured pathway, mitigating any legal hurdles, and ensuring a harmonious transition of assets to the designated heirs.
Benefits

Benefits - Why Choose Our Service

  • Comprehensive Legal Expertise: Navigating the complexities of Portuguese law for expats.
  • Customized Estate Planning: Tailoring your Will to fit your specific needs and circumstances.
  • Peace of Mind: Knowing your estate will be handled as per your wishes.
  • Clarity and Accuracy: Avoiding conflicts among heirs due to ambiguous or imprecise wording.
Benefits - Why Choose Our Service

Key Components of this Service

  • Legal advice on Portuguese inheritance laws and expat considerations.
  • Assistance in drafting a Public Will or Closed Testament.
  • Support in registering the Will with the Notary Public.
  • Guidance on the applicable laws for foreigners living in Portugal.
  • Ensuring compliance with the Portuguese Civil Code regarding legitimate heirs and their rights.
Key Components of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Related articles

Other services You might need!

We'll remember any service selected here and submit it together with your main enquiry!
When relocating abroad you'll likely need a range of professional services. Get assistance in English from our Official Partners...
Financial Advisors
Your Local Expert
Offshore Pension advice (QROPS)
Offshore Pension advice (QROPS)

Who Is This Service For?

Offshore Pension advice (QROPS)

If you are an expatriate and you have a pension pot which is worth over £70,000 you may be able to release it from the restrictive UK system and it’s ever changing rules entirely. If your pension value is between £30,000 and £70,000 we now have exclusive access to cost effective products that could mean a transfer is beneficial. 

Benefits include: Leave ALL unused pension funds to your beneficiaries free of UK IHT (Inheritance Tax); Much greater investment freedom; Tax free lump sum of up to 30%; Take income from your pension in a much more tax efficient way.

What Does This Service Consist Of?

  • Initial discussion to discuss existing pensions
  • Request of information from existing pension providers
  • Free Report and recommendation sent via email including a brochure for the QROPS provider
  • Follow up discussion to explain the detail and answer any initial questions
  • Apply for the QROPS and complete necessary paperwork and ID requirements
  • Ongoing support and wealth management
Add a Offshore Pension advice (QROPS) quote to your legal or tax enquiry?
Add Now
Retirement planning Service
Retirement planning Service

Who Is This Service For?

Retirement planning

Imagine that you are retiring tomorrow? How much money would you like to or need to write yourself a cheque for to ensure that you will have enough in the bank to last you, your spouse and possibly even your family for one year in retirement? One of the most fundamental issues for you to think about when deciding on your financial planning options is to make sure that you are preparing for your retirement sufficiently and appropriately. Many expatriates do not get ahead in the retirement race by saving hard as they are scared of this approach encroaching on their standard of living today. However, with careful planning it is easy to get ahead without hindering your current lifestyle.

What Does This Service Consist Of?

  • Initial discussion to determine your retirement goals and current circumstances
  • Free Report and recommendation sent via email
  • This will include a step by step guide as to the best course of action
  • Follow up discussion to explain the detail and answer any initial questions
  • Ongoing support and wealth management
Add a Retirement planning quote to your legal or tax enquiry?
Add Now
Get Savings & Investment Advice
Get Savings & Investment Advice

Who Is This Service For?

Savings & Investment Advice

We know it is very easy to fall in to the ‘live for today’ mindset and not plan for the future when you’re living overseas. 

Thus, we have devised this simple, step by step report to show you how to take your financial future seriously, and avoid being one of those expatriates who return home with nothing more than a mass of photos and memories - and perhaps even debt!

Benefits - Why Choose Our Service

  • Initial discussion to determine your investment goals and current circumstances
  • Free Report and recommendation sent via email, including a brochure for the recommended provider
  • Follow-up discussion to explain the detail and answer any initial questions
  • Apply for the investment and complete necessary paperwork and ID requirements
  • Ongoing support and wealth management
Add a Savings & Investment Advice quote to your legal or tax enquiry?
Add Now
Succession Planning Service
Succession Planning Service

Who Is This Service For?

Succession Planning

Your previous financial adviser in your country of origin may not be able to introduce you to the potential tax saving and financially enhancing opportunities available in your new country of residence.

Furthermore, only suitably qualified financial advisors are able to understand your unique expatriate status, how that relates to any tax saving potential in the nation in which you are residing, and how you need to structure your affairs appropriately in case you should ever want to repatriate or relocate elsewhere. 

Planned correctly, a move to another country, including back to the UK, can have some very special future tax advantages.

What Does This Service Consist Of?

  • Initial discussion to determine your tax liability and current circumstances
  • Free Report and recommendation sent via email including advice on how to minimise succession taxes
  • Follow-up discussion to explain the detail and answer any initial questions
  • Ongoing support and wealth management
Add a Succession Planning quote to your legal or tax enquiry?
Add Now
Mortgage Services
Apply for a Spanish Mortgage

Holiday Home Mortgages

Mortgage Service

Holiday home mortgages are generally for non-resident property buyers who do not live in Portugal. The maximum borrowing amount is up to 70% of the property purchase price (or valuation if lower). Lenders offer fixed, variable and, in some cases, mixed rates.

For variable rate mortgages, the rates are based on the annual Euribor reference rate with a percentage margin added to this, for example, annual Euribor + 2%. 

We will help you negotiate the very best mortgage conditions available in the market at any given time.

 

Add a Mortgage Service quote to your legal or tax enquiry?
Add Now

Why choose Advocate Abroad?

Call Us
Email Us
Loading form...

Call us Now

Office hours: 9am - 9pm CET Monday - Friday