Estate administration, division of the estate and registrations.in Portugal

A legal agent (solicitadora) deals with the legal acts that, in most cases, are settled outside court, methodically and without fuss. In practice, she handles estates, from the formal identification of the heirs through to the division of the estate, along with attestations, authentications, certificates and registrations, such as vehicle registration. The acts reserved to the profession are set out in the Estatuto da Ordem dos Solicitadores e dos Agentes de Execução.

It is the person who administers the estate until it is divided and who is responsible, for example, for reporting the death to the tax office. The law sets the order of priority (art.º 2080.º do Código Civil). First comes the surviving spouse, provided he or she is an heir or is entitled to half of the couple's joint property and is not judicially separated. Next comes the executor named in the will (testamenteiro), then the relatives who are legal heirs, and finally the testamentary heirs. Among relatives of the same degree, preference goes to whoever had lived with the deceased for at least a year at the date of death. All else being equal, the eldest is preferred. By agreement of all of them, the interested parties may entrust the role to someone else.

It is the act that identifies who the heirs of the deceased are and declares that no one else has a right to the estate. It does not yet decide who keeps each asset. That is the division of the estate, which comes at a later stage. It serves to prove an heir's status as such. Without it, as a rule, you cannot operate bank accounts, deal with property or register assets in the heirs' names. It is the first step in almost every estate and the basis for the division.

It is a private document that, once confirmed by an authentication certificate, acquires the same evidential force as a public document. It is that certificate, drawn up before the legal agent, that authenticates the document, as explained in the question on the authentication certificate. Today it is valid for many things that once required a public deed, such as the sale and purchase of property or the division of an estate by agreement.

It is the certificate that brings together, in a single document, the information that used to be split between two, the vehicle logbook and the ownership registration title. It is the same document now called the registration certificate (certificado de matrícula), so if yours says registration certificate, this is the one you are holding. It identifies the vehicle and the owner and shows the registered charges, such as the retention of title under a car loan. The register is kept by the Instituto dos Registos e do Notariado and the document itself is produced by the Imprensa Nacional-Casa da Moeda.

As a rule, with three connected steps, though each has its own pace. First the formal identification of the heirs, which establishes who inherits. Reporting the death to the tax office, for Stamp Duty (Imposto do Selo), has its own deadline, up to the end of the third month following the month of death, so as a rule one does not wait for that identification to be completed before doing it (art.º 26.º do Código do Imposto do Selo). Finally, the division of the estate and the registration of the assets. We handle this sequence for you, from the first document to the last registration, with attention to the deadlines.

It is done by deed before the notary or at the registry offices, through the one-stop inheritance service (Balcão das Heranças). It is applied for by the administrator of the estate, by their representative or by an appointed agent. It is the administrator of the estate who declares who the heirs are. Where the administrator does not make that declaration, it falls to three trustworthy persons unconnected with the succession. The legal agent prepares the documents, submits the application and follows the procedure through until the certificate is ready. The public service is run by the Instituto dos Registos e do Notariado (formal identification of the heirs ↗).

Not always. The formal identification of the heirs can be done before the notary, but it can also be done without a notary, at the registry offices, through the Balcão das Heranças. Division of the estate by agreement, in turn, can be recorded by an authenticated private document, which the legal agent prepares and authenticates (art.º 38.º do Decreto-Lei n.º 76-A/2006), with the same force it would have if done before the notary. Where there are minors or other interested parties who lack legal capacity, division by agreement may require authorisation, as a rule from the public prosecutor (Ministério Público).

At the Instituto dos Registos e do Notariado, the official fee for a simple identification of the heirs is 150 euros, plus a further 50 euros where the estates of two people married to each other are dealt with together, besides small charges for database searches. Our fees for handling the matter come on top of these official amounts, and we explain them in the section on costs and how we work.

It depends on the stage. For the formal identification of the heirs you generally need the death certificate, the identification documents of the heirs and of the deceased, the marriage or birth certificate proving the family relationship and the will, if there is one. For the division and the registrations that follow, the documents for the assets are added, such as property, accounts and vehicles. We draw up the list with you at the first consultation.

You can. It is called renouncing the inheritance and it means the person is treated as if they had never been an heir, receiving no assets and answering for no debts. It has its own form and can be done before the notary or by an authenticated private document, which a legal agent prepares and authenticates. As a rule, an inheritance is accepted or renounced in full. One cannot renounce only part of it, nor go back on it once it has been accepted, even tacitly. Whoever renounces does not choose who takes their share. Where they have descendants, as a rule it is they who take their place by right of representation, receiving what would have gone to the person who renounced (art.º 2039.º do Código Civil). Where there are none, the share accrues to the remaining heirs according to the order laid down by law. We look at whether renouncing is what best suits you.

An inheritance can be accepted expressly in a document or tacitly, when the person acts as an heir, for example by dealing with the assets. Accepting under benefit of inventory limits the heir's liability to the value of the assets they receive, protecting their own wealth. You can take time to decide between accepting and renouncing, but the right to accept lapses after ten years, as a rule counted from when the person knows they have been called to the inheritance (art.º 2059.º do Código Civil).

An inheritance that falls to a minor is always deemed accepted under benefit of inventory, which protects the minor from debts beyond the inherited assets (art.º 2053.º do Código Civil). Renouncing on a minor's behalf, on the other hand, requires authorisation, which today is sought, as a rule, from the public prosecutor (Decreto-Lei n.º 272/2001).

As a rule, no. The deceased's debts are paid by the estate itself, out of the assets that make it up, before there is any division. Even someone who accepts outright does not answer beyond the value of the inherited assets, but it falls to them to prove that the estate is not enough to cover the liabilities. Accepting under benefit of inventory reverses that burden of proof, which then falls on the creditors (art.º 2071.º do Código Civil). For that reason, where there are doubts about the deceased's accounts, it is wise to accept with that safeguard.

On death, the bank usually freezes the accounts until it knows who the heirs are. To operate or close them you generally need the formal identification of the heirs and proof that the estate has been reported to the tax office. Not all the balance is part of the estate. Where the deceased was married under a community of property regime, as a rule half of what was in the couple's accounts belongs to the surviving spouse as their half of the couple's joint property and only the other half enters the estate. An account held by several holders also does not pass on its own to the surviving co-holder, because the deceased's share is called to the estate. Once the paperwork is done, the bank releases the funds to the heirs according to their shares.

As a rule, the permanent certificate of the land register, applied for at the registry office, which shows who is recorded as owner and the charges on the property. To it is added the property's tax record, obtained from the tax office, which gives the taxable asset value and the description on the tax register. These are the basis for reporting the estate and for the division.

While an inheritance has been neither accepted nor renounced by anyone, it is said to be dormant, an estate whose assets do not yet have a definite owner (art.º 2046.º do Código Civil). During that period, urgent acts of administration may be carried out. If no one accepts it, the right lapses as a rule after ten years and the estate ends up declared vacant, passing to the State. As a rule, it is best not to let it drag on and to see to the formal identification of the heirs in good time.

The rules of intestate succession apply, following the order laid down by law. First to inherit are the descendants and the spouse, then the ascendants and the spouse, next the siblings and their descendants, and finally other collateral relatives up to the fourth degree (art.º 2133.º do Código Civil). Only if all of these are absent does the estate pass to the State. Where there is a spouse and children, they inherit together and the estate is divided per capita, that is, in equal shares among all, but the spouse's share is never less than a quarter of the estate (art.º 2139.º do Código Civil). Where the spouse inherits alongside the deceased's parents or grandparents, the spouse takes two thirds and the ascendants the remaining third (art.º 2142.º do Código Civil). We help work these figures out for your particular case.

The reserved portion is the part of the estate that the law reserves for the closest heirs, namely the spouse, the descendants and the ascendants, and which cannot be freely disposed of. The freely disposable portion is the remainder, which the person may do as they wish with, for example leaving it to someone who is not an heir. How large the reserved portion is depends on who the heirs are. Where there is a spouse and children, the reserved portion is two thirds and the disposable portion one third (art.º 2159.º do Código Civil). With one child and no spouse, the reserved portion is one half, rising to two thirds with two or more children. Where there is only a spouse, with no descendants or ascendants, the reserved portion is one half (art.º 2158.º do Código Civil). Where the spouse inherits alongside the ascendants, it is again two thirds (art.º 2161.º do Código Civil). We work these figures out with you to see what falls into each part.

It depends. If you have forced heirs, such as a spouse, children or parents, you can only dispose of the freely disposable portion, because the reserved portion is set aside for them. Beyond that reserve, you are free to choose who receives the rest. We help set out the figures so you can see what falls into each part.

The public will is made and kept by the notary, who draws it up according to the wishes you declare. There is also the closed will, written by the person and then approved by the notary. A legal agent does not draw up the will, but prepares everything for it, from the necessary documents to the appointment with the notary.

No longer. Since the 1977 reform, the surviving spouse ceased to receive only a usufruct and became an heir in their own right, in full ownership, alongside the children. So today the spouse inherits assets and not a mere usufruct. As for being able to go on living in the family home, that right of residence is explained in the specific question on staying in the home after being widowed.

Only in exceptional cases and only by will, with the cause expressly stated, which must be one of those provided for by law, such as certain crimes against the testator (art.º 2166.º do Código Civil). It is not enough to have fallen out or not to be on speaking terms with the person. There is also unworthiness to inherit, an exclusion that arises from the law rather than from a will, for someone who has committed certain serious acts against the deceased, declared by the court (art.º 2034.º do Código Civil). It is a delicate matter, which as a rule is best handled with the support of a lawyer.

In that case the ascendants inherit, that is, the parents and, in their absence, the grandparents. Where there are no ascendants, the estate goes to the siblings and their descendants and then to other collateral relatives up to the fourth degree, such as uncles, aunts or first cousins. It is always wise to carry out the formal identification of the heirs to establish with certainty who enters the succession. This is also why a will can make sense, to choose who receives the assets and avoid the estate ending up in the hands of distant relatives you would not have chosen.

Yes. Even where there is no tax to pay, the report is mandatory. It is also required where the estate has no property and consists only of money, investments or household contents, in which case the exempt heirs report but have nothing to pay. It is done through the Modelo 1 Stamp Duty return, filed by the administrator of the estate up to the end of the third month following the month of death, on the tax authority's online portal (Portal das Finanças) or at the tax office (reporting the death ↗).

Filing after the deadline makes the administrator of the estate liable to an administrative fine, even where there is no tax to pay, because the obligation is a reporting one and exists in its own right. That fine is, as a rule, in the order of a few hundred euros and varies according to whether the failure results from mere oversight or from deliberate omission (art.º 116.º do Regime Geral das Infrações Tributárias). There is a point here that often goes unnoticed. Anyone who files on their own initiative, before the tax office draws up a report or opens an inspection, is entitled to a significant reduction of the fine, which falls to a small fraction of the legal minimum (art.º 30.º do Regime Geral das Infrações Tributárias). Since the deadline runs in whole months from the month of death, it is wise to see to the report early.

Everything that was part of the estate at the date of death is listed: property at its taxable asset value, accounts and investments at their balance, and vehicles. Household contents for personal or domestic use are not, as a rule, subject to Stamp Duty, so they are not valued for this purpose. Works of art, antiques or valuable jewellery, however, must be listed and valued. The deceased and the heirs are also identified, with their respective shares. Certain charges may be deducted too, such as debts secured on the assets transferred and taxes due at the date of death. The list of assets must be complete (reporting the death ↗).

For Stamp Duty, property is taken at its taxable asset value, the VPT, which is not the same as its market value. That value appears on the property's tax record and is what the tax office uses in the calculation. Where the VPT is out of date, its updating can be requested, which as a rule is worth looking at case by case. We check the values on the tax records before submitting.

Yes, they do. Gifts are gratuitous transfers and are likewise subject to Stamp Duty, with a report to the tax office. As a rule, the same rules as for inheritances apply, that is, the spouse or unmarried partner, the descendants and the ascendants are exempt, while the 0.8% tax still applies where the gift is a property.

It depends on who inherits. The spouse or the partner in a legally recognised unmarried partnership, the children and other descendants, and the parents and other ascendants are exempt from Stamp Duty (art.º 6.º, al. e), do Código do Imposto do Selo). The remaining heirs, such as siblings, nephews and nieces, friends or other people without that degree of kinship, pay, as a rule, 10% on what they receive. The 0.8% stamp on property, in turn, applies to acquisitions for value and to gifts, not to transfers on death.

As a child, you are exempt from Stamp Duty, because descendants do not pay on transfers on death, as explained in the question on whether there is tax to pay on the inheritance. The 0.8% stamp on property applies only to purchases and gifts, not to inheritances, so on inheriting from your parents you generally pay nothing. Reporting to the tax office is still mandatory.

Once the tax office has assessed the tax, it is paid up to the end of the second month following the notification. Where it exceeds 1,000 euros, it can be paid in up to ten half-yearly instalments of at least 200 euros each. Anyone who pays it all at once within the initial deadline also gets a small discount.

There may be capital gains tax to pay under IRS (the Portuguese personal income tax), calculated on the difference between the sale price and the acquisition value. For an inherited house, the acquisition value is, as a rule, the asset value that was taken into account for Stamp Duty. The acquisition date becomes that of the death. Where the house was allotted in a division with equalisation payments between the heirs, the calculation can be more complex, so it is worth checking the figures case by case. If the house was your main home and the proceeds are reinvested in another with the same purpose, the gain may be excluded from tax, so it is worth doing the sums before selling.

While the estate is undivided, that is, before the division, the IMI (the municipal property tax) on the property is charged in the name of the estate, represented by the administrator of the estate. Once the division and registration are done, each property is taxed in the name of whoever received it. One year's IMI is paid, as a rule, in the following year, and may be in instalments depending on the amount. We help bring the registration up to date, so the tax comes in the right name.

It is the moment when the estate's assets, which until then belonged to all the heirs in common, come to belong specifically to each heir. While there is no division, the estate remains undivided and no heir can dispose alone of a particular asset. It is the division that gives each one their share.

Yes, provided all the interested parties are in agreement. Where there are minors or persons lacking capacity, division by agreement may require authorisation, generally from the Public Prosecutor (Ministério Público). Division by agreement can be done by deed, by an authenticated private document or at the Balcão das Heranças ↗. It tends to be the quickest and cheapest route. At the Balcão das Heranças, the identification of the heirs, the division and the registration of the assets are done in a single procedure.

You can, provided all the heirs agree. In division by agreement, the interested parties are free to arrange who keeps what and in what proportions, even if that departs from equal shares. Where there is consensus, we record that wish in an authenticated private document or at the Balcão das Heranças. Where there are minors or persons lacking legal capacity, that agreement may require authorisation, as a rule from the public prosecutor. They may also waive the equalisation payments, agreeing that one keeps more without compensating the others. Even so, the excess in property above the share remains subject to IMT, whether or not the equalisation payments are made, as explained in the answer on equalisation payments.

When an heir receives assets worth more than their share, they compensate the others in cash. That compensation is called an equalisation payment. It is what allows, for example, one child to keep the house and pay the siblings the part that was theirs, without having to sell the property. There is also a tax point to bear in mind. When an heir receives property worth more than their share, that excess attracts IMT (the property transfer tax), even for an heir who is exempt from Stamp Duty (art.º 2.º, n.º 5, al. c), do Código do IMT).

It may be, through the award of the asset to one heir instead of selling or dividing it. It is the way to keep a particular asset, such as the family home or the car, without having to sell it. It depends on the agreement of all the heirs. Where there is none, it is decided in the division. Where there is an excess over the share, there are equalisation payments to make to the others. If that excess is in property, IMT is also charged on the part that exceeds the share, as explained in the question on equalisation payments. The legal agent prepares the application for the award of the asset and handles the registrations, so the asset is put in your name.

As a rule, yes. The surviving spouse has the right to be allotted, in the division, the right of residence in the family home together with the use of its contents (art.º 2103.º-A do Código Civil). If the value of that right exceeds their share, they may have to compensate the other heirs with an equalisation payment.

Then the route is inventory proceedings. Any heir or the spouse entitled to half of the couple's joint property can demand the division whenever they wish, a right that cannot be renounced (art.º 2101.º do Código Civil). These proceedings can take place at a Notary's Office or in court, depending on the case. As a rule, we first try to reach agreement. Where that is not possible, we work with a lawyer for the inventory.

Inventory proceedings can take place at a Notary's Office or in court. As a rule, the notarial route tends to be quicker and suits cases where the issues are mainly about the division. The judicial route is for cases with more complex disputes, for example about the validity of a will or the ownership of assets. Even where the proceedings run at the Notary's Office, if questions of law arise that the notary cannot resolve, these are referred to the court, whose task it is to decide them. We help work out which route is right for your case.

It is a kind of auction held among the heirs themselves. When more than one wants the same asset, it is put up for bidding and goes to whoever offers the highest amount, which then serves as the basis for settling the accounts of the division. It happens above all in the inventory proceedings, when there is no agreement on who keeps what.

Yes. While administering the estate, the administrator of the estate must look after the assets, collect the rents or income and cannot dispose of them as if they were solely their own. They must account annually to the other heirs for what they have received and what they have spent (art.º 2093.º do Código Civil). If there are doubts about the administration, any heir can ask for clarification. If they do not obtain it, or do not agree with it, they can bring a court action for accounts against the administrator of the estate (art.º 941.º do Código de Processo Civil).

Anyone who deliberately conceals assets belonging to the estate commits what the law calls concealment of estate assets. It has to be a deliberate concealment, done in bad faith, so a mere lapse or an involuntary omission does not qualify. An heir who conceals assets loses, in favour of the others, the right they would have had over those assets and is further subject to the other penalties provided for by law (art.º 2096.º do Código Civil). If you suspect that an asset has been left undeclared, it is wise to react in good time, because the consequences can be serious.

As a rule, yes. Descendants who accept the inheritance must bring into the division the value of the assets they received during the deceased's lifetime, so that the shares are balanced. This is called collation, the bringing of lifetime gifts into account (art.º 2104.º do Código Civil). As a rule, only descendants are subject to it, so a gift made to the spouse is not collated. Collation is done by charging the value of the gift against the heir's share, not by returning the asset itself, unless everyone agrees to restore it. There is also exemption from collation, where the deceased expressly excluded it. In that case the gift comes to count against the freely disposable portion and not against the part that would fall to the heir, although anything exceeding that disposable portion again counts towards the division (art.º 2113.º do Código Civil).

It depends on the country where they are. In the European Union, the law applicable to the succession as a whole is, as a rule, that of the deceased's habitual residence, although the testator may choose the law of their nationality (Regulamento (UE) n.º 650/2012). The registration of the assets in the other country follows the local formalities, which may require a procedure of their own. We help organise the Portuguese documentation and coordinate with whoever handles the process in the other country.

You can, through what is called a lifetime division of assets, in which you give assets to one or more of your forced heirs with the agreement of the others, who are compensated by the donees with the value of the part that would have fallen to them in those assets (art.º 2029.º do Código Civil). It is a way of leaving everything settled and avoiding disputes later. The donor can reserve for themselves the lifetime usufruct of the assets, keeping the right to use them and to receive their income for as long as they live, as if they were still the owner (art.º 1439.º do Código Civil).

The legal agent can carry out attestations of signature, authenticate private documents, certify photocopies and certify translations, in accordance with the notarial laws (art.º 38.º do Decreto-Lei n.º 76-A/2006). Each act is recorded on a dedicated platform and receives an identification number.

It does. The law expressly says that these acts give the document the same evidential force it would have had if done with the intervention of a notary. For anyone who needs an attestation or a certified copy, the practical difference is mainly convenience and speed.

A simple attestation confirms only the signature, or the handwriting and the signature. It is always in person, done when the person signs in our presence. An attestation with special mentions also states the capacity in which the person signs, for example as the representative of a company. This can be in person or by comparison, the latter where the signature is checked against that on the identification document. Certain acts, such as a power of attorney to sell a property, require the in-person form.

You bring the original and the legal agent makes the copy and certifies that it matches that original. The copy then has the same value as the document it reproduces, for the purpose it is intended for. It is useful, for example, for applications, tenders or recruitment procedures, or for dealing with matters at a public office without handing over the original.

The certified copy is the reproduction of a document you bring with you, which the legal agent confirms matches the original presented. The certificate is issued by the body that holds the register or the archive, for example the registry office or the municipal council. It reproduces what appears there, without your needing to bring the original.

It is the act in which the parties, before the legal agent, declare that the content of the document they have signed expresses their wishes. Once that statement is made, the private document becomes an authenticated private document, with reinforced force, as described in the question on the authenticated private document.

Many of these contracts are valid without any special form, but authenticating or attesting the signatures fixes the date with certainty and strengthens the evidence, which helps if there is a dispute later. In a tenancy, the contract can also serve as an enforceable instrument for recovering unpaid rent. In the sale and purchase of higher-value movable goods, it gives certainty as to what was agreed.

It is the document by which you give another person, the attorney, powers to act in your name, for example to deal with a matter at a registry office or the tax office. It can be general, for various acts, or limited to a specific act. The form follows that of the transaction the attorney is going to carry out, the so-called principle of equivalence (art.º 262.º do Código Civil), so it ranges from a simple written document with an attestation of signature to an authenticated power of attorney or one by public instrument, depending on whether the act calls for more or less formality. For many everyday matters, an in-person attestation of the signature is enough, which a legal agent does. We help draft the power of attorney with the right powers for what you need.

It depends on the form required for the sale. Since the sale and purchase of a property can now be recorded by an authenticated private document, the power of attorney for that purpose can be authenticated by a legal agent or made with an in-person attestation of the handwriting and signature. If you prefer a power of attorney by public instrument, that act is for the notary.

As a rule, only those needed for the purpose in view. A power of attorney can give general powers of administration or only special powers for a specific act, such as selling a car or representing you in a division of an estate. The more limited the powers, the lower the risk of uses you did not intend.

As a rule, a power of attorney can be revoked whenever you wish. The exception is one that was also granted in the interest of the attorney or of a third party, which may not be freely revocable (art.º 265.º do Código Civil). The revocation must be made known to the attorney and to anyone who has dealt with him. If there are third parties who are unaware of it, it is also wise to make it public by appropriate means, so that the revocation is enforceable against them (art.º 266.º do Código Civil).

It is the online certificate that shows the up-to-date situation of a property, with the owners, the mortgages and other charges registered and in force at that moment. It works through an access code that lets you consult the certificate as many times as you wish during its validity, as a rule six months. Applied for online, it costs around 15 euros.

It shows the up-to-date situation of a company in the commercial register, such as the business name, the registered office, the capital, the managers or directors and who can bind the company. Like the land one, it works through an access code valid for the period you subscribe to. It is often requested by banks, suppliers or in tenders, to confirm who can represent the company.

In Portugal there is no equivalent of the sworn translator found in other countries, so the translation can be done by the legal agent herself where she is fluent in the language, or by another person who knows it. It is then attached to the document it concerns and the legal agent certifies, on the declaration of whoever translated it, that the translation is faithful and corresponds to the original (art.º 172.º do Código do Notariado). It is that certification that gives it official value, without the need for a translator with a special seal. It serves to present in Portugal documents written in another language, or Portuguese documents abroad. If the document is intended for use abroad, an apostille may also be needed.

The apostille certifies that a Portuguese public document is authentic, so that it is valid in the countries of the Hague Convention without further formalities. In Portugal it is issued by the Prosecutor General's Office, now also online. It costs around 10 euros per document. For countries outside the convention, the route is legalisation by the Ministry of Foreign Affairs and by the consulate of the destination country.

There are. Public deeds, public wills and powers of attorney by public instrument remain reserved to the notary. The legal agent authenticates private documents and handles attestations and certificates, but does not draw up those acts.

Acts done online usually have an access or validation code that lets you confirm the document on the official site, as happens with the permanent certificate or even a court judgment. Authenticated documents are recorded on a dedicated platform, with a number that lets the act be verified. So whoever receives the document can confirm it is genuine without contacting the person who issued it. We help obtain and check these codes.

Yes. The registration of ownership is mandatory and must be applied for within 60 days of the event, for example the purchase (register a vehicle ↗). It is the registration that makes the change of owner enforceable against third parties and that protects the buyer.

The buyer can apply for it, as can the seller who has proof of the sale, anyone with a legitimate interest or a representative, such as a legal agent.

It can be done online on the Automóvel Online ↗ platform or in person at a vehicle registry, at an Instituto dos Registos e do Notariado desk or at a one-stop citizen service centre. Registering online is around 15% cheaper than at the counter. The official amounts for each act appear in the fee schedule of the Instituto dos Registos e do Notariado.

Registration applied for after the deadline can still be done, but is subject to an increased fee. That is why it pays to see to the registration soon after the purchase. If the deadline has already passed, we go ahead all the same and sort the situation out.

The vehicle is part of the estate. Once the formal identification of the heirs is done, the registration certificate has to be updated, passing ownership to the heirs or to whoever keeps the car in the division.

It is a guarantee for whoever financed the purchase, as a rule the bank or the finance company, which reserves ownership of the car for itself until the loan is fully paid (art.º 409.º do Código Civil). In practice, until you pay the last instalment, ownership remains reserved to the finance company and the register shows that retention as a charge, even though it is the driver who uses the vehicle day to day. So the car is not free of charges and cannot be sold without accounting for that retention. If you stop paying the instalments, the finance company can recover the vehicle. Only once the loan is settled does ownership become fully yours, but the retention does not come off the register on its own and its cancellation must be applied for, as explained in the question on cancelling the retention of title. If you have doubts about what appears on your car's register, consult us.

Once the last instalment is paid, the retention does not come off the register on its own. Its cancellation has to be applied for, as a rule with a declaration from the finance company confirming that the loan is settled, so that the vehicle is free of charges.

It can. The vehicle is an asset subject to registration and a seizure or an attachment is recorded, just as with a property. While the register shows that seizure, the car cannot be sold free of charges. Once the debt is settled, the next step is to apply for the cancellation of that entry.

In a finance lease, the vehicle is, as a rule, registered in the name of the leasing company, which is the owner during the contract, with the lease noted on the register. You use the car as lessee and pay the rentals. At the end, once the purchase option is exercised, ownership is transferred into your name.

As a rule it is wise to keep the registration up to date. A change of address or name is done by an endorsement to the registration, online or at the counter, at an official cost of around 35 euros at the counter and 29.80 euros online.

You apply for a duplicate of the registration certificate online or at a vehicle registry, at an official cost of around 30 euros. The document is produced by the Imprensa Nacional-Casa da Moeda and sent by post, as a rule within a few working days. We make the application for you, so you are not left without the car's document.

Bringing a car in from abroad means first legalising it, with the assignment of a national registration plate through the Instituto da Mobilidade e dos Transportes, the inspection and the vehicle tax, assessed by the Tax and Customs Authority on the basis of the vehicle customs declaration (Declaração Aduaneira de Veículo). Only once it is registered with a plate is the ownership registration done at the vehicle registry. There are several steps and deadlines, which we help sequence in the right order.

In practice, the security that attaches to a financed car is, as a rule, the retention of title and not a mortgage like the one on property. The Código Civil allows the mortgage of certain movable assets subject to registration in the cases provided for by law, but for cars what is used and registered is the retention of title in favour of whoever finances the purchase. We explain to you which security appears on your car's register.

The vehicle register shows who the owner is and the charges on the vehicle, and it is reflected in the registration certificate ↗. A typical charge is the retention of title, dealt with in the question on the retention that appears on the document. If you need up-to-date proof, for example to sell, you apply for a certificate from the vehicle register.

The cost has two parts. On the one hand, the official amounts for each act, which appear in the fee schedules and the applicable tax codes, such as the registration fees or Stamp Duty. On the other, our fees for handling the matter, agreed at the outset, as a rule at a fixed amount per service, so you know what to expect before going ahead. The first consultation serves precisely to look at your case, estimate the total and explain each item to you, with no obligation to continue with us. Book an appointment and we will work out the figures with you.

In many cases, yes. A good part of the acts are done online or by power of attorney and we can represent you before the tax office and the registry offices. We gather the documents, handle the submissions and keep the matter moving, without you having to go from office to office. There are, even so, acts that require your presence, such as the in-person attestation of a signature or the signing of a power of attorney to, for example, sell a property, where the law requires you to sign before the legal agent. In those cases we arrange a single visit and leave the rest sorted. Talk to us and we will see what, in your case, can be resolved remotely.

In Portugal they are distinct professions, with their own training and their own reserved activities. A legal agent deals with out-of-court estates, attestations, authentications and registrations, that is, the matters settled outside the court. It falls to the lawyer to provide representation in the cases where the law requires it, such as an inventory where the heirs do not reach agreement, or a court action. Often the two paths cross. An estate that begins by agreement can end in dispute, and then it is an advantage to have both professions under one roof. At NAA, you have the legal agent and the lawyers at your disposal and we coordinate among ourselves as your case requires.