Episodios

  • 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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  • 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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  • 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
  • How Long Does Probate Really Take in Portugal?
    Dec 19 2025

    When someone dies owning assets in Portugal, one legal step is often unavoidable: the habilitação de herdeiros. In this episode, we explain what this procedure is, why it matters, and when families must complete it to move forward with estate administration.

    Understanding this process early can save time, reduce friction among heirs, and prevent costly delays.


    🔎 In This Episode, You’ll Learn:


    1️⃣ What the Habilitação de Herdeiros Is

    It is the formal declaration of heirs under Portuguese law, identifying:


    • All legal heirs


    • Their respective inheritance shares

    This declaration creates legal certainty and allows third parties—banks, registries, and authorities—to act.


    2️⃣ When the Procedure Is Required

    The habilitação de herdeiros is necessary to:


    • Transfer or register immovable property


    • Release bank accounts and financial assets


    • Administer or transfer titled assets

    Without it, estates cannot be properly settled.


    3️⃣ Extrajudicial vs. Judicial Routes

    Extrajudicial (Balcão Heranças):


    Available when all heirs are in agreement. This route is faster, simpler, and more cost-effective.

    Judicial inventory:


    Required when heirs disagree on shares, asset allocation, or administration. This process involves the courts and can be significantly more complex.

    4️⃣ Why It Matters for Cross-Border Families

    For international families, this step often intersects with foreign wills, multiple jurisdictions, and property registrations—making early legal guidance essential.


    This episode offers a practical overview of one of the most important steps in Portuguese succession law, helping families and advisors understand what is required—and why.

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    1 m
  • What Is the Habilitação de Herdeiros in Portugal and When Is It Needed?
    Dec 18 2025

    When someone dies owning assets in Portugal, one legal step is often unavoidable: the habilitação de herdeiros. In this episode, we explain what this procedure is, why it matters, and when families must complete it to move forward with estate administration.

    Understanding this process early can save time, reduce friction among heirs, and prevent costly delays.


    🔎 In This Episode, You’ll Learn:


    1️⃣ What the Habilitação de Herdeiros Is

    It is the formal declaration of heirs under Portuguese law, identifying:


    • All legal heirs


    • Their respective inheritance shares

    This declaration creates legal certainty and allows third parties—banks, registries, and authorities—to act.


    2️⃣ When the Procedure Is Required

    The habilitação de herdeiros is necessary to:


    • Transfer or register immovable property


    • Release bank accounts and financial assets


    • Administer or transfer titled assets

    Without it, estates cannot be properly settled.


    3️⃣ Extrajudicial vs. Judicial Routes

    Extrajudicial (Balcão Heranças):


    Available when all heirs are in agreement. This route is faster, simpler, and more cost-effective.

    Judicial inventory:


    Required when heirs disagree on shares, asset allocation, or administration. This process involves the courts and can be significantly more complex.

    4️⃣ Why It Matters for Cross-Border Families

    For international families, this step often intersects with foreign wills, multiple jurisdictions, and property registrations—making early legal guidance essential.


    This episode offers a practical overview of one of the most important steps in Portuguese succession law, helping families and advisors understand what is required—and why.

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    1 m
  • What Is the First Step When Someone Dies Owning Property in Portugal?
    Dec 17 2025

    Navigating inheritance procedures in a foreign country can feel overwhelming, especially when real estate is involved. In this episode, we unpack the very first step families must take when someone passes away owning property in Portugal.

    The Portuguese succession process has specific legal requirements, and understanding them early can prevent delays, disputes, and costly mistakes.


    🔎 In This Episode, You’ll Learn:


    1️⃣ Why the Will Certificate Matters

    The process begins with requesting the will certificate from the IRN (Instituto dos Registos e do Notariado).


    This crucial document confirms:


    • Whether a Portuguese will exists


    • Whether there are any testamentary dispositions affecting the estate


    • Which succession rules must apply

    2️⃣ When “Habilitação de Herdeiros” Is Required

    If a will exists—or if one does not—the certificate helps determine whether the heirs must initiate the habilitação de herdeiros procedure, the formal process of identifying and recognizing the legal heirs.


    3️⃣ Why This First Step Is Essential

    Obtaining the will certificate sets the legal foundation for:


    • Confirming heirs


    • Completing inheritance tax obligations


    • Proceeding with property registration


    • Ensuring the estate transfer complies with Portuguese law

    This episode provides a simple, practical explanation of the first step families and advisors must take when dealing with Portuguese estate matters—especially for foreigners or those with cross-border assets.

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