Episodios

  • Wills and Forced Heirship in Portugal: What You Need to Know
    Dec 29 2025

    Estate planning in Portugal follows a civil law tradition that places strong protections around family inheritance rights. In this episode, we explain how forced heirship works, why it matters, and what it means for anyone preparing a will that involves Portuguese assets.

    This is a crucial topic for international families, property owners, and advisors navigating cross-border succession planning.

    🔎 In This Episode, You’ll Learn:

    1️⃣ What Forced Heirship Means in Portugal

    Portuguese law protects the mandatory share of certain heirs—known as legitimate heirs. These rights are enshrined in the Civil Code and cannot be freely waived.

    2️⃣ Why a Will Has Limits

    While wills are recognised and useful, no will can override forced heirship rules. Any testamentary provisions that infringe the mandatory share of legitimate heirs may be reduced or invalidated.

    3️⃣ Who the Legitimate Heirs Are

    Forced heirship typically protects:

    • Spouses

    • Descendants

    • Ascendants

    Their reserved portion must be respected regardless of the testator’s intentions.

    4️⃣ Planning Within the Legal Framework

    Certain estate planning mechanisms do exist—but they must:

    • Fully comply with Portuguese civil law

    • Respect forced heirship entitlements

    • Be carefully structured and documented

    5️⃣ Cross-Border Considerations

    In international estates, planning must also take into account:

    • Applicable conflict-of-law rules

    • Interaction between foreign wills and Portuguese mandatory provisions

    • EU succession rules, where relevant

    This episode provides essential clarity on the limits of testamentary freedom in Portugal—and why informed, compliant planning is critical to avoiding disputes and unintended outcomes.

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    2 m
  • Heirs in Portugal: Key Documents to Begin the Inheritance Process
    Dec 28 2025

    When inheriting property in Portugal, taxes are often a major concern—especially for international families. In this episode, we clarify how Stamp Duty (Imposto do Selo) applies to inherited property, who is exempt, and why compliance matters even when no tax is payable.

    🔎 In This Episode, You’ll Learn:

    1️⃣ The 10% Stamp Duty Rule

    Portugal does not impose a traditional inheritance tax. Instead, inheritances fall under Imposto do Selo, generally charged at a flat rate of 10% on the value of assets transferred by inheritance.

    2️⃣ Who Is Usually Exempt

    The following beneficiaries are typically exempt from paying the 10% Stamp Duty when inheriting property:

    Spouses

    Descendants (children, grandchildren)

    Ascendants (parents, grandparents)

    While the tax may not apply, reporting obligations still remain and must be fulfilled.

    3️⃣ Who Is Subject to the Tax

    Heirs who are not direct family members—such as siblings, nieces, nephews, or unrelated beneficiaries—are commonly subject to the 10% Stamp Duty.

    4️⃣ Why Proper Reporting Is Essential

    Even exempt heirs must:

    • Declare the inheritance

    • Comply with filing and documentation requirements

    • Ensure property registrations are correctly updated

    Failure to do so can cause delays, penalties, or issues with future transactions.

    This episode provides a straightforward explanation of how Stamp Duty affects inherited property in Portugal—helping heirs and advisors avoid surprises and stay compliant.

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  • Habilitação and Property Fees for Heirs in Portugal: What to Expect
    Dec 27 2025

    When inheriting property in Portugal, understanding the costs involved is just as important as understanding the legal steps. In this episode, we break down the typical fees heirs can expect when completing a habilitação de herdeiros and transferring or registering inherited property.

    🔎 In This Episode, You’ll Learn:

    1️⃣ Cost of a Basic Habilitação de Herdeiros

    According to official fee schedules published on gov.pt, a straightforward habilitação procedure generally costs in the low hundreds of euros.

    This typically applies when:

    • The estate is simple

    • Heirs are in agreement

    • No complex asset division is required

    2️⃣ When Costs Increase: Partilha and Registrations

    Fees rise when the process also involves:

    Partilha (formal division of assets among heirs)

    Property registration updates at the Land Registry

    • Multiple properties or heirs

    These combined procedures can significantly increase overall costs.

    3️⃣ Additional Expenses to Budget For

    Beyond official state fees, heirs should also expect potential costs for:

    Notarial services

    Certified translations

    Apostilles for foreign documents

    Legal advice or representation, especially in cross-border estates

    The final amount depends heavily on the complexity of the case and whether foreign documents or disputes are involved.

    4️⃣ Why Planning Ahead Matters

    Having documents prepared in advance and ensuring alignment among heirs can reduce delays—and help keep costs under control.

    This episode provides a practical, realistic overview of what heirs can expect financially when dealing with inheritance and property transfers in Portugal.

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    1 m
  • Inheriting Property in Portugal: Stamp Duty
    Dec 25 2025

    When inheriting property in Portugal, taxes are often a major concern—especially for international families. In this episode, we clarify how Stamp Duty (Imposto do Selo) applies to inherited property, who is exempt, and why compliance matters even when no tax is payable.

    🔎 In This Episode, You’ll Learn:

    1️⃣ The 10% Stamp Duty Rule

    Portugal does not impose a traditional inheritance tax. Instead, inheritances fall under Imposto do Selo, generally charged at a flat rate of 10% on the value of assets transferred by inheritance.

    2️⃣ Who Is Usually Exempt

    The following beneficiaries are typically exempt from paying the 10% Stamp Duty when inheriting property:

    Spouses

    Descendants (children, grandchildren)

    Ascendants (parents, grandparents)

    While the tax may not apply, reporting obligations still remain and must be fulfilled.

    3️⃣ Who Is Subject to the Tax

    Heirs who are not direct family members—such as siblings, nieces, nephews, or unrelated beneficiaries—are commonly subject to the 10% Stamp Duty.

    4️⃣ Why Proper Reporting Is Essential

    Even exempt heirs must:

    • Declare the inheritance

    • Comply with filing and documentation requirements

    • Ensure property registrations are correctly updated

    Failure to do so can cause delays, penalties, or issues with future transactions.

    This episode provides a straightforward explanation of how Stamp Duty affects inherited property in Portugal—helping heirs and advisors avoid surprises and stay compliant.

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    1 m
  • Why Are There So Many Vacant Properties in Portugal?
    Dec 23 2025

    Portugal is often described as facing a housing shortage—yet walk through many towns and cities and you’ll see countless empty homes. So what explains this apparent contradiction? In this episode, we unpack the structural, legal, and economic reasons behind Portugal’s high number of vacant properties.

    🔎 In This Episode, You’ll Learn:

    1️⃣ Inheritance and Legal Bottlenecks

    A significant number of properties remain empty because they are tied up in:

    • Ongoing inheritance proceedings

    • Disputes between heirs

    • Delays in probate or property registration

    Until these issues are resolved, homes cannot be sold, rented, or occupied.

    2️⃣ Second Homes and Lifestyle Properties

    Many vacant properties are not abandoned at all—they are:

    Second or holiday homes

    • Used seasonally rather than year-round

    These properties appear vacant in census data despite being privately owned and maintained.

    3️⃣ Investment and Short-Term Accommodation

    Some homes are:

    • Held purely for long-term investment

    • Registered for short-term accommodation and not occupied permanently

    • Awaiting market conditions or regulatory clarity before being brought into use

    4️⃣ Properties Requiring Refurbishment

    Older housing stock, particularly outside major cities, often requires significant renovation before it can be lived in—leaving many properties temporarily or permanently empty.

    5️⃣ What the Data Shows

    National census data confirms substantial vacancy levels, sparking ongoing public and policy debate around housing supply, taxation, and urban regeneration.

    This episode offers context and clarity to a widely discussed issue, helping listeners understand why vacancy in Portugal is often driven by structural and legal factors—not simply by neglect.

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    2 m
  • Are Foreign Wills Valid for Assets in Portugal?
    Dec 22 2025

    When international families own property or other assets in Portugal, one critical question often arises: Will a foreign will be recognised under Portuguese law? In this episode, we clarify how Portugal treats foreign wills—and why careful estate planning is essential to avoid unintended outcomes.

    🔎 In This Episode, You’ll Learn:

    1️⃣ What Types of Wills Portuguese Law Recognises

    Portuguese law formally recognises public wills and closed wills, each with specific formal requirements.

    2️⃣ Are Foreign Wills Valid in Portugal?

    Foreign wills may be valid in relation to Portuguese assets, provided they meet applicable legal standards and do not conflict with mandatory Portuguese rules. However, recognition alone does not always guarantee a smooth succession process.

    3️⃣ Why a Portuguese Will Is Often Recommended

    In many cases, it is prudent to:

    • Prepare a Portuguese will limited to assets located in Portugal, or

    • Carefully coordinate dual wills (one Portuguese, one foreign)

    This approach can significantly reduce administrative delays and legal uncertainty.

    4️⃣ The Importance of Forced Heirship Rules

    Portugal has forced heirship provisions, which can override testamentary intentions expressed in foreign wills. Without proper coordination, these rules may lead to outcomes very different from what the testator intended.

    5️⃣ Key Takeaway for Cross-Border Families

    International estate planning is not just about will validity—it’s about compatibility, coordination, and compliance across jurisdictions.

    This episode provides practical guidance for internationally mobile families and advisors navigating succession planning involving Portuguese assets.

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  • Taxes and Fees When Buying Real Estate in Portugal
    Dec 21 2025

    Buying property in Portugal involves more than just the purchase price. In this episode, we walk through the key taxes and fees every buyer—local or foreign—should budget for when acquiring real estate in Portugal.

    Understanding these costs upfront helps avoid surprises and ensures smoother transactions.

    🔎 In This Episode, You’ll Learn:

    1️⃣ IMT – Property Transfer Tax

    The main tax payable on acquisition is IMT (Imposto Municipal sobre as Transmissões Onerosas de Imóveis).

    • IMT is calculated based on the type of property (urban, rural, residential, etc.)

    • The rate increases progressively depending on the property value

    • Different rules may apply for primary residence vs. investment property

    2️⃣ Stamp Duty on the Purchase

    In addition to IMT, buyers must pay Stamp Duty (Imposto do Selo) at a flat rate of 0.8% of the transaction value.

    3️⃣ Notarial and Registration Fees

    Property transfers also involve:

    • Notary or deed formalisation costs

    • Land registry and property registration fees

    While smaller compared to taxes, these costs are mandatory and should be included in any purchase budget.

    4️⃣ Additional Costs When Using a Mortgage

    If the purchase is financed:

    • Additional Stamp Duty applies to the loan amount

    • The rate depends on the loan term and structure

    This episode offers a practical overview of the real costs involved in buying Portuguese real estate—essential listening for anyone considering a purchase, whether for residence or investment.

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  • Does Portugal Have Inheritance Taxes?
    Dec 20 2025

    Inheritance taxation is one of the most common—and misunderstood—questions when dealing with estates in Portugal. In this episode, we clarify how Portugal actually taxes inheritances and what families should expect when assets pass to the next generation.

    The answer may surprise many international families.


    🔎 In This Episode, You’ll Learn:


    1️⃣ Why Portugal Has No Traditional Inheritance Tax

    Portugal does not impose a conventional inheritance or estate tax like many other countries. There is no progressive inheritance tax regime applied to estates as a whole.


    2️⃣ The Role of Imposto do Selo

    Instead, inheritances are subject to Imposto do Selo (Stamp Duty) on gratuitous transfers, generally charged at a flat rate of 10%.


    3️⃣ Who Is Exempt — and Who Is Not

    Exempt beneficiaries:


    – Spouses


    – Descendants (children, grandchildren)


    – Ascendants (parents, grandparents)

    Potentially taxable beneficiaries:


    – Siblings


    – More distant relatives


    – Unrelated beneficiaries

    For these recipients, the 10% Stamp Duty may apply depending on the asset and circumstances.


    4️⃣ Why This Matters for Estate Planning

    Understanding how Portugal treats inheritances is essential for:


    • Cross-border estate planning


    • Property succession


    • Avoiding unexpected tax exposure for non-exempt heirs

    This episode provides a straightforward explanation of Portugal’s inheritance tax framework—helping families, heirs, and advisors navigate succession with clarity and confidence.

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    1 m