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In Funchal, Portugal, Will & Testament law falls under the wider Portuguese Civil Code. The supervision and enforcement of these laws are carried out both at the federal and local levels. Under these laws, any person of sound mind and who is over the age of 16 can create a will, outlining their wishes with regards to the distribution of their property upon their death. Types of wills accepted in Portugal include public wills, holographic wills, and closed wills.
Engaging a lawyer when dealing with matters of Wills & Testament law is vital. Common situations where one would need legal help may include drafting a clear and valid will, inheritance disputes, and rights to heritable property. Additionally, a lawyer will be able to help navigate complex matters such as taxes on inheritance and understanding the legal implications of your wishes.
Some of the key aspects of local laws that are particularly relevant to Will & Testament in Funchal, Portugal include: mandatory heirs (children and spouses) who are entitled to a reserved portion of the estate (legitimate portion), irrespective of the instructions in a will, and the freedom to will your assets (freely disposable quota) once the rights of the mandatory heirs have been respected. Also, if a person passes without a will (intestate), the assets will be distributed according to Portuguese intestate laws.
Any person who is of sound mind and over the age of 16 can create a will in Portugal.
If a person passes without making a will, their possessions will be distributed according to Portuguese intestate laws, which generally favor next of kin.
Portugal law has a "forced heirship" system, meaning a certain portion of the estate will always go to certain immediate family members (usually children and spouses), regardless of what is stated in a will.
Contesting a will often calls for legal help, as it involves a court process. A will can be contested if it is believed the deceased lacked mental capacity at the time of its creation, or if there is suspicion of undue influence or fraud.
Yes. As circumstances in life can change, so can your will. You may revise your will as many times as you wish, but it is advisable to seek legal advice before making any amendments.
For additional assistance, the following resources could be of help: the Portuguese Bar Association, local notary public offices, The Portuguese Tax and Customs Authority for tax-related matters, and your local Citizen's Shop (Loja do Cidadao) can provide useful information.
If you believe you need legal assistance with Will & Testament matters in Funchal, Portugal, consider consulting a lawyer. Gather all pertinent backgrounds information and documents, and set up a meeting with a legal professional who specializes in Will & Testament law. Local and online legal aid resources are also available to guide you on your journey.
