Long shot: Portuguese wills/probate

[Pebbles16]

I am the executor for my PILs' UK wills. So far, so awkward.
However, apparently wills "don't really exist in Portugal" and it just goes to the children (DH and a somewhat estranged BIL). But surely someone has to administrate the details? Not talking huge amounts, but there is a property and a bank account.
We are looking at needing to sort this in the next 6 -12 months.
Anyone have any knowledge/experience?
Thanks

Following with interest. MIL (UK resident) has recently died & had property in Portugal. I don’t think there is any Portuguese IHT for her children to pay but assume there are formalities to transfer the property- and potentially there’s UK IHT.

I would suggest looking for Solicitors who can deal with foreign wills.

I helped with my late mothers best friends will which included two flats in Spain

So.........

'Non Common Law' countries ie not the English speaking world tend to define who the beneficiaries are BUT in practice in Spain they seem to allow UK Citizens estates to be administered under UK law

I googled Solicitors who handle Portuguese Wills and came up with several

Interestingly enough there is a EU agreement that gave EU Nationals the option of having their wills administered under either the law of where they lived OR the law of their nationality BUT the UK Government refused to sign up to it despite the major differences between UK & most European nations law (sigh)

In Portugal you can’t disinherit your children, they are entitled to 60% of the estate.

You can write a will under English law here.

There is no inheritance tax between spouses/children/possibly grandchildren. 10% stamp duty is payable on inheritances to friends

It’s probably best to engage a lawyer to ensure everything is done properly

So if there is no will covering Portugal, can we just go ahead with assuming 50/50 between two siblings? And leave them to "do battle"/sort the paperwork.

DH is a Portuguese citizen, BIL isn't, so I would assume it would fall to DH to do the administration (I am "almost" a citizen - it is pending).

I think it would be best to appoint a lawyer or at least get advice as inheritance can be tricky here

"I am the executor for my PILs' UK wills."

You say that your DH is a Portuguese citizen so I presume that his parents are as well?

It is possible for Portuguese citizens to make a separate UK will for any assets they have in the UK. So the UK will is subject to English law and not Portuguese law. It is entirely separate to any Portuguese assets that may be left.

For the UK will you will need to go through the UK process of obtaining probate and paying any inheritance tax if appropriate.

Any UK assets are distributed according to the UK will and totally ignoring any Portuguese will or the Civil Code.