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Thegonnec
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 15
Experience:  11 years experience as a judge with Paris Industrial Tribunal
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My UK citizen father died in Portugal

Customer Question

Please note my SKY email address given earlier does NOT work; please use the yahoo one I've changed to- [email protected] My UK citizen father died in Portugal in Jan 2014 having written a Portuguese Will. He left his house to be sold and (after settlement of debts/funeral expenses), directed that the proceeds be equally divided between his 3 children and a friend (all UK citizens resident in UK). No executor was named. Over there the property has to be transferred via the Land Registry to the names of the 4 beneficiaries and then sold. We used a lawyer to do this title transfer. One brother then said he would oversee the sale, but it has been apparent for some years that he is making no effort to sell and has not even put it on the market. We other 3 heirs have recently had the house valued and want to market it, but now my brother says he's in process of divorce and his wife "has put a stop" on the place even being put up for sale. We're not sure this is true as he has lied before about his reasons for not selling. Even if it is, I feel as it is property being probated there's no legal basis to prevent it's being advertised/sold. Also it isn't solely his property but held jointly by all 4 of us. We've had no "legal" proof of this "stop", and haven't even been told who the wife's solicitor is, should they exist. We're anxious he will drag this out for years... Can we demand to have legal details etc.? Or how should we proceed?

Submitted: 3 years ago.
Category: European Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about Portugal, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 3 years ago.

The original first line of my query stated clearly that the question involved a Portuguese Will. I was surprised but pleased that someone claimed they'd be able to help me. I don't think I'm being unduly picky to say that "I can't help you with Portugal" doesn't constitute much help.

I was asked to pay a deposit towards the £33 fee suggested, but the whole amount was taken before I had this reply. I would suggest therefore that a refund is appropriate...

Please advise me regarding a refund. Thank You Marian Cope

Expert:  Nicola-mod replied 3 years ago.
Hello,
I'm very sorry for the inconvenience.
I will process the refund for you now.
Thank you,
Nicola