A will is a legal document that allows a person, known as the testator, to dispose of their assets after their death. In Portugal, a will is a personal, unilateral, and revocable act, which must comply with certain legal formalities to be valid. Here are the main aspects of the testament regime:
Characteristics of a Will
-
Unilateral Act:
A will is a unilateral act, meaning it is made by a single person and cannot be done jointly with another person. Each testator must express their own will individually.
-
Revocability:
A will is revocable at any time. The testator can alter or annul the previous will, with the most recent one prevailing. Renunciation of the faculty of revocation is considered null.
-
Formalism:
A will must be made with observance of legal formalities. There are two main types of wills in Portugal:
-
Public Will:
Made before a notary, who drafts the document in their record book. This type of will is accessible for public consultation.
-
Closed Will:
Drafted by the testator themselves or by someone at their request, and must be approved by a notary. This type of will is more private, but still requires notarial formalization.
-
-
Capacity to Make a Will:
Not everyone can make a will. Minors who are not emancipated and those interdicted due to mental anomaly are incapable of making a will.
-
Content of the Will:
A will can include patrimonial dispositions, such as the distribution of assets, and non-patrimonial dispositions, such as the appointment of guardians or executors. It can also include legacies, dispositions about the funeral, among others.
-
Executor:
A will can appoint an executor, who is the person responsible for ensuring that testamentary dispositions are fulfilled after the testator’s death.
A will is an important tool to ensure that a person’s assets are distributed according to their will after death, avoiding potential conflicts between heirs. It is advisable that the will be drawn up with the assistance of a notary or lawyer to ensure that it complies with all legal requirements.