Best Will & Testament Lawyers in Faro

About Will & Testament Law in Faro, Portugal

Will and Testament law in Faro, Portugal, governs the way individuals can arrange the distribution of their assets after death. A Will is a legal document that allows a person to specify how their property, money, and possessions should be handled and who will inherit them. Faro, like the rest of Portugal, follows the Civil Code, which includes certain rules about inheritance, known locally as succession law. These rules pay particular attention to the protection of close family members, setting mandatory inheritance shares that cannot be freely disposed of by the testator (the person making the Will). Nonetheless, creating a Will lets you clarify your final wishes and manage your estate’s distribution within the boundaries set by law.

Why You May Need a Lawyer

Many people in Faro choose to consult a lawyer for matters related to Wills and Testaments because of the complexity and formality involved. Common situations that may require legal help include:

• You want to make sure your Will is legally valid and reflects your wishes.
• You have property or assets both in Portugal and abroad.
• Your family situation is complicated, such as having children from different relationships or living with a non-married partner.
• You want to understand the legal share that must be reserved for certain heirs.
• You are dealing with cross-border inheritance issues, especially if you or your heirs are foreigners or residents in different countries.
• You wish to minimize taxation on inheritance for your family.
• You need to resolve disputes between heirs or contest a Will.

Lawyers can help draft or revise your Will, represent you in court, provide advice on Portuguese inheritance law, and ensure your wishes are executed correctly.

Local Laws Overview

In Faro and throughout Portugal, succession law gives particular protection to “forced heirs” - typically spouses, descendants (children, grandchildren), and, in the absence of descendants, ascendants (parents, grandparents). By law, a portion of your estate must go to these heirs, regardless of the content of your Will.

Key aspects of local law include:

• Mandatory Heirship: A set percentage of your estate is reserved for forced heirs. This is known as the “legítima”. Only the “quota disponível” (disposable share) can be freely allocated in your Will.
• Form Requirements: Wills must meet specific formalities. They can be public (made before a notary with witnesses) or closed (sealed and delivered to a notary).
• Foreigners: Non-Portuguese citizens with assets in Portugal are subject to local inheritance rules unless they formally specify otherwise (such as choosing the law of their nationality in accordance with EU Succession Regulation 650/2012).
• Taxation: While there is no inheritance tax for close relatives (such as spouses and children), there may be stamp duty (Imposto do Selo) on inheritances, especially for other heirs.
• International Wills: Portugal is party to the Convention providing a uniform law on the form of an International Will, offering solutions for people with cross-border assets.
• Contesting a Will: Wills can be contested if they do not comply with the obligatory share for forced heirs or if formalities are not met.

Frequently Asked Questions

What is a Will in Portugal?

A Will is a legal document declaring how your assets should be distributed after your death. It must comply with Portuguese law for it to be valid, including rules about which heirs are entitled to a mandatory share.

Can I leave all my assets to anyone I choose?

No. Portuguese law requires that a fixed share of your estate goes to forced heirs such as your spouse and children. Only the remainder can be freely distributed.

Who are considered forced heirs?

Forced heirs usually include your spouse, children, grandchildren, and, if you have no descendants, your parents or grandparents.

Can foreigners make a Will in Faro, Portugal?

Yes. Foreigners can make a Will in Faro. They should consider Portuguese succession laws and may also choose the law of their nationality to govern their estate through a statement in their Will, in line with EU regulations.

Is a foreign Will recognised in Portugal?

Generally, yes, as long as the Will complies with the requirements of the place where it was made or the nationality of the person. However, Portuguese forced heirship rules usually apply to assets held in Portugal.

Do Wills need to be registered in Portugal?

Public Wills are registered by the notary when they are made. Private (closed) Wills are also deposited with a notary. Registration ensures that the Will is accessible after death.

Can I disinherit a forced heir?

Disinheritance is only possible in specific circumstances, such as serious misconduct, and must be clearly justified in the Will according to the grounds set by Portuguese law.

How can I change or update my Will?

You can change your Will at any time as long as you are legally capable. Amendments must be made through a new Will or by executing a codicil (formal change) with the same legal requirements.

Is inheritance tax payable in Portugal?

There is no inheritance tax for spouses, children, or parents inheriting assets. However, a stamp duty of 10 percent may apply to other beneficiaries.

How can I contest a Will in Faro?

Heirs or interested parties can contest a Will in court if they believe the Will violates mandatory heirship rules or was created under duress, fraud, or without proper legal form.

Additional Resources

If you need more information or help with Will and Testament matters in Faro, consider the following resources:

• Notary Offices (Cartórios Notariais) in Faro - for Will drafting and registration
• Instituto dos Registos e Notariado (IRN) - manages the registration of Wills and access to records
• Instituto dos Registos e do Notariado (Civil Registry) - for certificates relating to birth, marriage, and succession
• Ordem dos Advogados (Portuguese Bar Association) - for finding a registered lawyer in Faro
• Portal da Justiça - the official justice portal in Portugal for legal procedures and guidance
• Local law libraries and legal aid offices

Next Steps

If you are considering creating a Will or facing an inheritance matter in Faro, Portugal, you should:

• Gather information about your assets and family.
• Think carefully about your intentions and review any existing Wills.
• Consult a qualified lawyer who specialises in Wills and inheritance in Portugal to ensure your Will is valid and respects local law.
• Prepare all required documents and identification for the notary or lawyer.
• Keep your Will updated if your family situation, assets, or intentions change.
• If you are an heir or have questions about an estate, seek legal advice early to understand your rights and obligations.

Legal professionals in Faro can guide you through each step, helping you avoid pitfalls and ensuring your wishes are respected according to Portuguese law.