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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am a Portuguese resident but a British citizen. We live

Customer Question

I am a Portuguese resident but a British citizen.
We live in Portugal and America and pay Portuguese tax- does a British will stand up if I die either in Portugal or America.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

It is usually preferable to have a separate Will in countries in which you own immoveable property even if your UK will is technically valid in that country.

The reason for this is that it often makes it easier in practice to transfer ownership of the property on death.

Under the law of England and Wales immoveable assets devolve in accordance with the law of the country in which they are situated.

Therefore you need to take advice from a Portuguese lawyer as to how the property would pass on death, whether a separate Portuguese will or a codicil to your existing will is preferable and whether Portuguese succession laws apply.

'Portuguese succession laws may well not apply to English nationals because Portuguese law may look to the nationality of the Deceased but this would need to be confirmed by a Portuguese lawyer.

A separate will need not revoke your existing will governed by the law of England and Wales.

A specific clause should be included in any Portuguese will making it clear that it only relates to property situated in Portugal and does not revoke your existing will.

As regards ***** ***** in America, again if you have property in the US, it is certainly advisable for you to make a Will with a US lawyer to avoid any problems.

I hope this assists.

Kind Regards

Al

Customer: replied 2 years ago.

thank you

it seems v complicated to have 3 wills but I will check if in America and Portugal the law would revert to my will of place of birth correct?

I want to leave everything to my husband in trust as we co own our properties and then my half to go to our son on his death ( should I predecease him )

Would I need to set up a trust & how do I do it - I want to protect my son's interest following mine & husband's death as there is a stepchild who may try to intervene

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

I'm afraid it may come to you having 3 Wills.

As regards ***** ***** you should speak to an appropriate lawyer to set up a lifetime trust, but you would need your husband to enter into the Trust with you. (If you set up a trust in your Will, this would only cover your half share as opposed to you both being able to organise a trust for the whole of the property by setting up a lifetime trust).

You will need to speak to a Portuguese/US lawyer to set up the trusts.

I hope this helps.

Kind Regards

Al

Customer: replied 2 years ago.

so if my current will says that everything I have I leave to my husband in trust is the correct wording?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

You can't leave "everything to my husband" in your Wills even if you stipulate it is in trust, as you either have to leave it to him absolutely (meaning he inherits your share in the properties and the properties then pass in accordance with his Wills if he dies second) or

you need to specifically mention in your Wills that your share shall not pass absolutely to your husband, but that you give him a life interest in the properties, and upon his death your share shall pass to your son.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I be of any more assistance to you?

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,
Can I assist you any further?

Kind Regards

Al