You've most likely heard about testament, but don't know exactly what they are or what they're for.
If you want to understand what a testament is, how to draw it up in Portugal, whether it is worth doing and how to find out whether someone left a testament or not, you can clarify some doubts on this topic by reading this post about Testaments in Portugal: see what it is, how to do it, reasons to do it (or not), and how to find out if someone made a testament.
Testament in Portugal: what is it?
In popular terms, in short, a testament is a document that allows a person to make choices about different aspects of life (not only about assets and money, but also about other matters, which we will talk about below), to take effect after their death.
The testament may refer to the entire patrimony or just a part of it, as provided for in Article 2179 of the Civil Code. Furthermore, it may include personal provisions, such as "perfilhação" , which is the voluntary recognition of a son or daughter, as stipulated in Article 1853, paragraph 'b', of the Civil Code.
Characterized as a legal transaction, the testament only takes effect after death, reflecting the will of the testator. It is important to highlight that the testament can be freely revoked by the testator during his lifetime, without protection or legal expectations for those mentioned in the testament.
This means that, as a rule, a person who had been included in a testament, granted some right, but that testament was subsequently revoked by the testator, does not have the right to demand the right indicated in that revoked testament.
How to Make a Testament: Formalities and Validity
The most common way to prepare a testament is at a Notary's Office. It’s not enough to write whatever you want on plain paper; it is necessary to follow legal formalities. The provision of the testament before a public authority is intended to ensure the validity of the testament after death, providing legal certainty.
Reasons to make (or not make) a Testament
The existence or non-existence of a testament has a great impact, especially on inheritance issues (but not only). The recent case of sharing the inheritance of presenter Gugu, in Brazil, illustrates how a testament can influence the legal situation, with surprises and possibly exclusion of people as heirs. The existence of the will affects not only the assets, but also issues such as "perfilhação", as said before.
Making a testament with very clear and assertive clauses can prevent problems in inheritance sharing in the future.
How to know if someone left a Testament
Verification of the existence of a testament can occur, while the person is alive, only with their authorization. After death, this information becomes public and can be requested by anyone.
To check whether there is a will in someone's name, it is necessary to obtain a specific certificate, called "certificate on the existence of a testament, deed of renunciation or repudiation of inheritance or legacy".
The request for this certificate can be made online , through the Instituto de Registos e Notariado services website (https://www.sit.irn.mj.pt/portal/Testamentos/PedidoCertidao/Criar10Requerente ). Alternatively, it can be requested from the Central Registry Office, in Lisbon, at a cost of 25 euros.
I hope this guide has clarified some of your questions about testaments in Portugal.
Finally, we always emphasize the importance of seeking adequate legal assistance when dealing with issues related to assets, inheritance, and other matters relating to Family, Minors and Succession Law, ensuring that decisions are made in an informed and assertive manner.
Comments