Wills - important info

Thanks Dicey

I believe that probate takes a lot  longer than it would with a Portuguese will  as UK wills have to be legally translated and accepted by the appropriate Portuguese authority. I've read an article somewhere but now can't find it.

I have only ever had the slightest brushes with Portuguese bureaucracy but even that experience leaves me glad that I have a Portuguese will. I'd hate to have to deal with the red tape if we only had Irish wills. Maybe better to spend a few € for the peace of mind.

I have heard & also read on different forums  that a Portuguese will can be  drafted  & certified by a public  notary  and its a lot lot cheaper than using a lawyer, but think you have to have two Witnesses  (friends/people not related to each other or you) Don't know the ins and outs of the procedure though. My UK will cost me £98 through my solicitor, wonder why the Portuguese will is so expensive in comparison.

Andrew wrote: Mmm. From Dicey's quote in initial post "in any participating EU State".... Is that the lophhole? Is Portugal "participating"?

The only Countries that have opted out are the UK, Ireland and Denmark - but this is only for EU Residents of other Countries who have property in the UK, Ireland or Denmark.
Therefore, this opt out does not affect people from the UK, Ireland & Denmark who have property in other EU Counties.
With regards tax, this change does not affect tax rules, which will still be applied in the country where a property is located.

The FT article is probably the most concise & informative
http://www.ft.com/cms/s/0/3d177916-4284-11e5-9abe-5b335da3a90e.html#axzz3uhVXasFg

Because the FT is a pay site it won't allow links
Therefore use this link to Google Search Results for EU Changes to Wills
https://www.google.co.uk/search?q=EU+CHANGES+TO+WILLS&ie=utf-8&oe=utf-8&gws_rd=cr&ei=pHt0VrzVKsOqUd_7iMAL
The FT link should be on the first page
If that doesn't work just Google EU Changes to Wills and it'll be there somewhere

And a summary from the EU website
http://ec.europa.eu/justice/civil/family-matters/successions/index_en.htm

From another site

"With immediate effect, you will be able to be resident in England and create an English Will that stipulates that English Law is to apply to your entire worldwide estate, including your EU based property. EU member states who are signatory to the regulation will then not apply their own (and sometime draconian forced heirship) rules but apply English law."

The regulation does not deal with tax matters, including inheritance tax as national law determines how inheritance tax is calculated.

The precise implications are currently uncertain as the UK has opted out of the regulation. What is certain though is that if you own property in the EU, you should be reviewing your wills and succession planning in light of the changes.

Your Will needs to state that you wish English law to govern your inheritance."

My Portuguese will was drawn up by a solicitor, but had to be stamped and bished and bashed and boshed by a notary, prior to be lodged in the official depository. I forget what it cost altogether, but it was certainly a few hundred. That included bungs for a couple of people (the solicitor's clerk and a friend of the notary) to act as witnesses.

I got a discount for paying everyone in cash. No comment about that!

Another thing, which was slightly amusing, is that the will was read only in Portuguese and I had to affirm, in Portuguese, that I fully understood it. These words I was given by the solicitor prior to the event. This is obviously not uncommon! They are not allowed to translate  the spot, just in case.