Planning your estate in Portugal requires understanding who can prepare and formalise a will. For expats in Madeira, this distinction is critical.
Who Can Make Wills in Portugal?
In Portugal, only notaries have the legal authority to formalise wills. They are public officials who authenticate documents and confer legal validity upon them. Their role includes drafting public wills, approving and depositing closed or international wills, and ensuring compliance with legal formalities. Law No. 69/2023 explicitly reserves these acts for notaries. Without their intervention, a will has no legal effect in Portugal.
Can Lawyers Prepare Wills?
Lawyers cannot formalise wills. They may advise on inheritance matters, draft preliminary texts, and accompany clients to a notary. However, they cannot confer the legal validity that only a notary can provide.
Lawyers act as private advisors, not public authorities. Their input helps design a will, but the notary finalises and authenticates it.
Notaries vs. Lawyers: Different but Complementary Roles
Role of Notaries
- Draft public wills.
- Approve, deposit, and open closed and international wills.
- Confer public faith, ensuring authenticity and enforceability.
Role of Lawyers
- Provide legal advice on succession and inheritance.
- Prepare draft wills and guide clients through the planning process.
- Represent clients in related disputes.
- Accompany clients to the notary.
Both professionals are essential, but their responsibilities are distinct from one another. Only the notary has the authority to formalise the act.
Why Does This Matter for Expats in Madeira?
Many expats assume that a lawyer can both draft and validate a will. This is incorrect. Without notarial involvement, the document has no legal standing in Portugal.
If you are relocating to Madeira or already living here, ensure your estate planning complies with Portuguese law. Engage a lawyer for tailored advice, but expect to visit a notary to finalise the will.
Key Takeaways
In Portugal, notaries exclusively formalise wills. Lawyers can advise, prepare drafts, and provide representation, but notaries guarantee validity.
For expats in Madeira, understanding this division is vital. Sound legal advice from a lawyer helps shape your intentions, but only a notary ensures they are legally binding.
This article is for general informational purposes only. It does not constitute legal advice. For specific guidance, please consult qualified professionals in Portugal.
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