Best Will & Testament Lawyers in Braga

About Will & Testament Law in Braga, Portugal:

In Braga, Portugal just like the rest of the country, the Will & Testament Law allows any person to express their last wishes, after their death, about the distribution of their properties. Portuguese law accommodates notarial wills, holographic wills, and foreign wills. However, there's something called the "forced heirship" which entails that a portion of the estate must be reserved for certain close relatives (spouse, children).

Why You May Need a Lawyer:

Hiring a lawyer for dealing with matters of Will & Testament in Braga can be advantageous for many reasons. For example, for complex matters such as understanding 'forced heirship', informing about foreigner's allowances and restrictions, navigating through the misunderstanding due to language, understanding taxes. A lawyer can mediate disagreements amongst beneficiaries, ensure fairness in asset division, even assist in writing the will in Portuguese as per local laws.

Local Laws Overview:

In Braga, as it is in other parts of Portugal, the inheritance laws are based on forced heirship which means a prescribed portion of the deceased's estate, the "legitimate quota", must be reserved for certain relatives (life partner, descendants, and in the absence of these, ascendants). For international wills, the Hague Convention applies. Portugal allows the will & testament law of a foreigner's nation of origin or nationality to be applied - making the process friendlier for expatriates.

Frequently Asked Questions:

Can a foreigner write a will in Portugal?

Yes, foreigners can write a will in Portugal, and it can be written as per the law of their home country.

What is 'Forced Heirship'?

Forced Heirship is a legal rule that certain set percentages of your estate must be passed to your spouse and children and maybe parents.

Can the 'Forced Heirship' be avoided in any way?

The 'Forced Heirship' under Portuguese law is indisputable. However, assets, bank accounts in some countries can be subjected to the law of your nationality, potentially bypassing the forced heirship rule.

How much tax is to be paid when inheriting?

Spouses, descendants, and ascendants are exempted from paying stamp duty. However, other beneficiaries must pay 10% stamp duty.

What happens if I die without a will?

If a person dies without a will in Portugal, the state applies the intestacy laws. It means, after spouse, children will take the precedence, then parents and so on.

Additional Resources:

For additional help, you may refer to the Portuguese Bar Association's list of lawyers (www.oa.pt), and the Chamber of Deputies for any existing public legal resources.

Next Steps:

If you need legal assistance with a will and testament in Braga, Portugal, the first step is to hire a Portugal-based lawyer specializing in the field. Ensure to gather all the necessary documentation related to your property and assets and discuss your needs with them thoroughly. Contacting the local Bar Association may help you find a qualified lawyer as per your requirement.