Best Trusts Lawyers in Funchal

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Founded in 2009
10 people in their team
Portuguese
English
At the head of the office is Marlene S. Fernandes, Lawyer, graduated in Law, on the 11th of June 2005, by the Faculty of Law of the University of Coimbra, currently registered with the Portuguese Bar Association. At the head of the office is Marlene S. Fernandes, Lawyer, graduated in Law, on...
Rubina Faria - Advogada
Funchal, Portugal

Founded in 2007
50 people in their team
Portuguese
English
Rubina FariaA lawyer with vast experience in several areas of law, she provides her clients with a quality service, always guided by the utmost rigor, prioritizing personal relationships and client satisfaction.FDUPDegree in Law from the Faculty of Law of the University of Porto in 2007BAR...
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About Trusts Law in Funchal, Portugal

The concept of Trusts, as understood in common law countries, does not exist in the Portuguese legal system, there is no equivalent concept to trust in Portugal. Nevertheless, there's a way to structure similar arrangements using other instruments recognized by the Portuguese law such as donations, wills, and corporate structures.

Why You May Need a Lawyer

Despite the absence of formal trust law in Portugal, structuring a similar arrangement can be complex and requires a deep understanding of Portuguese law. A lawyer can help interpret the law correctly, advise on the best legal instruments to use, and navigate through the process. This help is also crucial when dealing with cross-border estates, inheritance tax issues, and protection of assets.

Local Laws Overview

Portugal has rigorous laws regarding donations and inheritance, which are strictly regulated. The law also provides for mandatory heirs - spouse, descendants, and ascendants, who cannot be disinherited. Inheritance Tax ("Imposto do selo") may be applicable to donations and inheritances. It's necessary to understand how these laws could affect your estate planning and asset protection.

Frequently Asked Questions

1. Can I set up a trust in Portugal?

No, Portuguese law does not recognize the establishment of trusts. However, there are other legal instruments to achieve objectives similar to those of a trust.

2. What are the alternatives to trusts in Portugal?

Some alternatives used to accomplish similar objectives of a trust are establishment of corporations, donations or wills. An experienced lawyer can provide guidance on the best solution in each case.

3. Is there inheritance tax in Portugal?

Yes, the inheritance tax ("Imposto do selo") may be applicable to donations and inheritances.

4. Can I disinherit my children in Portugal?

No, Portuguese law protects the rights of certain individuals, including offspring, who are considered mandatory heirs and cannot be disinherited.

5. How can I protect my assets in Portugal?

Due to the complexity of the Portuguese law, seek advice from a qualified lawyer. They can guide you through the best options available according to your specific situation.

Additional Resources

Portugal's Autoridade Tributária e Aduaneira (Tax and Customs Authority) provides resources and information about taxes related to donations and inheritances. The Ordem dos Advogados (Portuguese Bar Association) can provide qualified lawyers specialized in this area.

Next Steps

If you are in need of legal assistance relating to trusts in Funchal, Portugal, it’s recommended to hire a local lawyer with expertise in Portuguese inheritance and tax laws. Seek referrals and arrange consultations with lawyers to discuss your case and choose the one you feel most comfortable with to guide you in the process.

Lawzana helps you find the best lawyers and law firms in Funchal through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trusts, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Funchal, Portugal - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.