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Death of expat

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Hoping someone can advise please, my partners sister & her partner moved to Portugal a number of years ago. Sadly she passed away but she had a UK will and left her share of the property to her mum in the UK. It’s all turned a bit nasty but we need to have the property valued as part of probate, how would we go about this as he won’t let anyone access the property. Has anyone any experience of this?
thanks 

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Joined: 3 years ago

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@autumn Hi! I know that Daniel Reis, from Reis & Pelicano Law Company, handles wills and its intersections with foreign laws, and he also has studied and lived in UK
daniel.reis@reispellicano.com

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Joined: 4 years ago

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@autumn I hope you have everything sorted now, but if you are still looking for information or want to know how the Portuguese system works in general, our recent webinar should help – https://youtube.com/live/yx1OyQn2IPc" }” data-sheets-userformat=”{"2":1049473,"3":{"1":0},"10":1,"11":3,"12":0,"23":1}” data-sheets-hyperlink=”https://youtube.com/live/yx1OyQn2IPc”> https://youtube.com/live/yx1OyQn2IPc

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Hi there, very sorry to hear of your loss, our condolences to your family.

I would suggest talking with a Portuguese lawyer because, if this is news to you, Portuguese inheritance law is very specific. Much more than the UK in our understanding. For example, there are specific percentages of assets being split in different familial directions, and this is listed explicitly in the legislation. Only a lawyer would know the details. Hope this helps, just a small spotlight on one difference between the UK and Portugal – Elizabeth

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@elizabethpt This wouldn’t be relevant in the circumstance of a UK will (as mentioned by the OP) covering the estate.

Nor, additionally, in the case of a PT will specifying that as a foreign national resident in PT the testator chooses to apply the law of their country (or one of their countries) of nationality in disposing of their estate.

The probate process in question at this point would be the UK one. It’s not going to be quick or straightforward to reach an eventual conclusion even though UK wills are recognised in PT – this is why it’s usually strongly advised that a PT will be drawn up to cover PT assets.

The OP may need specialist legal assistance from a firm experienced in cross-border wills, by the sounds of it. Letters from solicitors / threat of possible legal action may be the only way of coercing the recalcitrant party to cooperate as necessary.

If it had been a PT will, the value of the share of the property would just have been a simple matter of ascertaining the current taxable value (already determined by Finanças and used in calculating the annual property tax) and apportioning it appropriately. And that, in fact, may well be what is done at the PT end when it comes to it and to determining any capital gain should it subsequently be sold.

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@x-camone Thank you for this useful info, I think we’re agreeing that legal advice should be sought as PT law could apply depending on the situation even though it’s a UK will.

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