Inheritance laws in Madeira

edited December 1969 in General
What are the laws in Madeira for people from England wishing to purchase a property. If a couple are married and one dies does the property and money go to the remaining person, as in English law. If this is not the case and it is divided between the husband/wife and children, can a solicitor draw up a legal document so that the estate is passed to the widow/er first, so they do not have to sell up and move away.


  • Hi Selina,

    If a couple buys a house, each part is entitle to 50%. If one dies, his 50% will be shared between the children and the partner. Making a testament in Portugal won`t be a solution as it can be anuled due to portuguese law. The only way in Portugal to do this is by making a donation still in live to the other part.

    As you are english the solution may be making testament here in this country, then the portuguese laws wouldn`t apply. You are British, and you would be making your decision in this country about a property somewhere else, than I believe the British laws would apply. The best thing would be to consult a solicitor in this country to be absolutley sure.

    May I ask which kind of property you are looking for? I might be able to help you. If you need to know about the properties laws in Madeira, let me know. I will be glad to help.

  • HI Paula
    i wonder if you can help

    i have a issue with land in Madeira and family and was wondering if you could give me some advice on what i should do ,
    im am a bit nervous about putting all my details on this forum so if i could email you direct i would love to explain my issues (not sure if im allowed but i can at least ask
    than you
  • Hi Selina,
    Hi Phil,
    I have just seen your email with interest, due to new and exiting law change to attract investors from both in and outside of the EU. Portugal has become an EU tax haven after Malta. Zero taxes on pensions dating back from Jan-2012 for a period of ten years and a non inheritance tax. You can even buy or build your home tax free, but there are restrictions. I'm here to help the Norwegians set up a second home.
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