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Frequently asked questions

If you cannot find the answer to your question here, please get in touch.
These answers assume that Portuguese law applies.

Identification 4
What documents can I use to identify myself for a notarial act?
By producing the originals of the following documents, within their validity period:
  • Identity card, citizen card, an equivalent document (military or diplomatic) or a driving licence, if issued by an EU country;
  • Passport;
  • Residence permit;
  • Brazilian identity document stating the holder’s nationality and referring to the Treaty of Friendship, Cooperation and Consultation between Portugal and Brazil;
  • Angolan identity card;
  • Cape Verdean identity card;
  • Guinean identity card;
  • Mozambican identity card;
  • São Toméan identity card.
If my identity document has expired, can I use the renewal application instead?
No.
You must produce one of the identity documents listed in the answer above.
If all my identity documents have expired, how can I carry out the act?
With two people present to vouch for you.
Do birth, marriage and death certificates have an expiry date?
Birth, marriage and death certificates do not expire for the purpose of supporting notarial acts.
People with disabilities, priority service, people who cannot sign, and minors and others lacking capacity 8
Who is entitled to priority service?
People with a disability or impairment, older people, pregnant women, and people accompanied by babies in arms.
I have a visual impairment. Can I sign a notarial act without an interpreter?
Yes.
People signing notarial acts do not read them; they hear them read and then sign.
If you cannot sign, you give your fingerprint or, in the case of a signature certification or authentication certificate, you bring someone with you to sign on your behalf.
I have a hearing impairment. Can I sign a notarial act without an interpreter?
Yes.
People who cannot hear the act read aloud should read it aloud themselves before signing.
If they cannot read, they may name someone who, in the presence of everyone taking part, reads it a second time and explains its content.
The Portuguese Federation of Associations of the Deaf provides interpreters free of charge. Find out more at fpasurdos.pt
I have a speech impairment. Can I sign a notarial act without an interpreter?
Yes.
People who are unable to speak but can read and write must declare in writing, before signing, that they have read the act and that it accords with their wishes.
If they cannot write, they must express their wishes by signs that the notary and the other people taking part understand.
Only if none of that is possible is an interpreter needed.
The Portuguese Federation of Associations of the Deaf provides interpreters free of charge. Find out more at fpasurdos.pt
A close relative of mine has Alzheimer’s and can no longer express themselves in words. I need them to give me authority in a power of attorney to deal with their affairs. What should I do?
You should first apply to the competent court for a supported decision-making order for your relative, with someone appointed to represent them.
I cannot sign. Can I carry out a notarial act?
Yes.
If you want a signature certification or an authentication certificate, you must bring someone with you to sign on your behalf.
If you are taking part in a notarial instrument, a deed or a will, you give your fingerprint.
I want to carry out a notarial act on behalf of my minor child. What should I do?
Parents, as their children’s representatives, cannot dispose of or charge their children’s property without the court’s authorisation (except for the sale for consideration of items liable to be lost or to deteriorate).
This also applies to the division of an estate and to other situations.
If the act is urgent it may be carried out, but the child may have it set aside on reaching adulthood.
The act may also be confirmed by the court after it has been carried out.
I want to give a house to my grandchild, who is a minor. Who needs to be present?
Only the donor.
Professional confidentiality, copying documents, and access to and collection of documents 9
Is the notary bound by professional confidentiality in the same way as a lawyer?
Yes and no.
The notary is bound by professional confidentiality while acts have not yet been carried out, which can only be set aside case by case and on grounds of public interest. Once carried out, however, notarial acts become public.
The exception is every will of a living person and every act related to it, which are confidential, though accessible to the testator themselves.
A third party can only gain access to wills and to acts related to them by producing the testator’s death certificate to the notary.
Can I have a plain photocopy certified?
No.
Copies can only be certified from originals.
Which documents can I ask to have copied?
You can ask for a certified copy of documents held in the practice’s archive, and an authenticated copy of original documents produced for that purpose.
Do certified and authenticated copies have an expiry date?
No.
What is the advantage of archiving a document at a notarial practice?
Apart from sealed wills that have been lodged, an archived document cannot be withdrawn; only certified copies can be taken from it.
The document stays in the archive, easily searchable and accessible.
If, for example, you have given someone authority by power of attorney and archived it, and you later wish to revoke it, that revocation can only be endorsed on the original if the original is in the archive.
How can I find out where the document I am looking for is archived?
The document may be held in the archive of a notarial practice that has since closed; if so, you should check notarios.pt/antigos-arquivos to see where that archive now is.
The document may already have been transferred to a national archive; if it is at the Torre do Tombo you can request a search and a certified copy by registering at antt.dglab.gov.pt
How can I get access to a document held at a notarial practice?
Archived documents can be copied and certified as carrying the weight of the original (certified copies).
Certified copies can be requested from the bodies holding the archive (see the previous paragraph), or you can ask us to do it for you.
The copy can be collected in person or sent by post.
How can I get access to a document immediately?
If, for example, you are in Lisbon, your document is held at a practice in Faro and you need to use it in Lisbon today, you can ask the notary in Faro to send it by fax to a practice near you.
If it is not yet archived, you can ask for it to be archived before it is sent.
What documents do I need to obtain in order to carry out a notarial act?
Very few these days.
Most documents are now requested by the notary.
For more information see Services / Documentation / Obtaining documents.
Foreign languages, translations and documents for use abroad 5
I do not understand Portuguese. Do I need to bring an interpreter?
If you understand English, French or Spanish you may, if you wish, ask the notary to translate the act for you.
For any other language you will need to appoint an interpreter of your own choosing.
Can anyone act as a voucher, interpreter, expert, translator, reader or witness?
No.
There are various cases of incapacity or ineligibility.
The following may not act as vouchers, interpreters, experts, translators, readers or witnesses: people not of sound mind; people who do not understand Portuguese; unemancipated minors; people who are deaf, mute or blind; staff of the practice; the spouse, great-grandparents, grandparents, parents, children, grandchildren, great-grandchildren, siblings, parents-in-law and siblings-in-law of either the notary taking the act or any of the parties, representatives or persons represented; a husband and wife acting together; anyone who gains a financial benefit from the act; and anyone who cannot or is unable to sign.
Does the document I want translated have to be an original?
No.
Can the practice recommend a translator?
Yes.
I need to use a power of attorney issued in Spain for a deed. Do I need to have it translated? Do I need to have it legalised?
No.
Provided the document is in English, French or Spanish you do not need to have it translated.
Nor does it need to be legalised, unless there are clear signs that the document has been tampered with.
See the information on this under Services / Documents issued in Portugal for use abroad.
Certificates, powers of attorney, signature certifications and travel authorisations for minors 10
I have been insulted by text message. Can I have that certified?
Yes.
You only need to let us see your device.
I bought a house with a lot of defects. Can the notary help?
Yes.
The notary can attend the property, including with an expert, which allows you to prove those defects later even if you carry out the repairs in the meantime.
The same applies to flooding you wish to report to your insurer.
I need to give someone authority to attend a deed and sell a house on my behalf. Who needs to be present for the power of attorney?
Only the person granting the authority, though the details identifying the attorney to be appointed are needed so that they can be named in the document.
I need to give my husband consent to sell a property, but I cannot attend the deed. Who should I give authority to?
You do not need to give authority to anyone. You need only come to the practice and we will draw up the spousal consent identifying the act you are authorising.
I need a power of attorney. Do I have to bring it already drafted?
No.
We take care of that for you.
I granted someone a power of attorney many years ago and I want to revoke it. What should I do?
You should come to the practice, if possible with a copy of the power of attorney and with your identification within its validity period. You should then send a copy of the revocation to the attorney by registered post with acknowledgement of receipt.
I need to have a signature certified. What should I do?
You should come to the practice with the document and with your identification within its validity period.
If the document is written in English, French or Spanish you do not need to have it translated; if it is in another language, please contact us beforehand.
My minor child is travelling alone and is in my care. What should I do? Do I need to bring the travel authorisation already drafted?
No.
We take care of that for you.
You should come to the practice with your identification within its validity period and with a copy of the identification of your child and of the person who will accompany them or to whom they will be handed over.
My minor child is travelling alone and I need to authorise the trip. I have an authorisation at home that was drawn up earlier. Can I use it?
If the authorisation states a period, that period must be observed.
If it states no period, the period is six months from the date the signature was certified.
My minor child travels often, alone. Do I have to authorise each trip?
No.
The longest period for which you can give the authorisation is one year, and within that period it can be used as often as needed.
Wills 6
I am married under separation of property. Is my spouse an heir, or should I make a will for them?
You do not need to make a will for that reason alone.
Unless the law changes, the spouse is an heir whatever the matrimonial property regime.
I have one child. Can I leave all my property to a friend?
No.
The law necessarily reserves a portion for your child, unless they have been convicted of a serious offence against you.
If that is the case, please contact us.
I usually live in Portugal and I am French. Which law will apply to my succession on my death?
Portuguese law — unless you make a will stating that you would prefer French law to apply.
I am unwell and I want to make a document setting out the care I do and do not want if I lose the ability to speak. What should I do?
You can come to the practice to make a living will. We can provide a form with questions to answer beforehand that will help you decide.
You can also appoint a healthcare attorney to decide on your behalf, and give them instructions for the future.
I made a will that I want to revoke and I no longer remember where it is. What should I do?
You can ask us to find out for you, authenticate yourself with your citizen card at justica.gov.pt and request that information, or go in person to the Central Registry Office.
I want access to the will of someone who has died. What should I do?
You should obtain the death certificate and take it to the practice holding the will, or ask us to deal with it for you.
Property 25
I signed a promissory contract to buy a house and the other side did not arrange the deed within the period allotted to them. What should I do?
You should book the deed, and a certificate of the other party’s non-attendance will be issued so that you can seek specific performance of the contract in court.
I want to sell a house I inherited. Does my spouse need to be present?
It depends.
If you are married under separation of property, no — unless it is the home you both live in.
If you are married under community of acquired property, your spouse must consent at the deed or come to the practice to give spousal consent beforehand.
If you are married under general community of property, your spouse must take part in the act or come to the practice to grant a power of attorney beforehand.
I want to buy a house. Does my spouse need to be present?
It depends.
If you are married under separation of property you buy for yourself alone; your spouse need only attend if you both wish to buy together.
If you are married under general community of property you buy for both of you, and your spouse need not attend.
If you are married under community of acquired property you may buy alone for both of you, but if you want the property to be yours alone your spouse must confirm that the money you used is likewise yours alone and not the couple’s.
If you are buying with a loan and granting a mortgage to the bank, your spouse must always attend, unless you are buying a second home and are married under separation of property.
I need to divide my parents’ estate with my siblings. Does my spouse need to be present?
It depends.
If you are married under separation of property, no.
If you are married under community of acquired property, your spouse must consent at the act or come to the practice to give spousal consent before the deed of division.
If you are married under general community of property, your spouse must take part in the act or come to the practice to grant a power of attorney before the deed of division.
My brother and I are buying a rural property from a married couple. Is any special formality needed?
Since the number of co-owners will increase (the couple counts as a single owner and there are two buyers), you need a document from the municipal council for the area in which the property is located authorising the increase in the number of co-owners.
Is there any difference between buying a rural property and buying a building plot?
If you buy a rural property and there is no approved project for building on it, it does not yet have a defined development capacity.
A plot resulting from a subdivision permit has a development capacity fixed in advance: you will know exactly what you can build.
I want to sell a house to one of my children. Can I?
You can, but you need the consent of your other children, and if they are married under community of acquired property or general community of property you also need their spouses’ consent.
Otherwise the sale can be set aside by whoever did not consent.
Do I need the consent of my other children to give a property to one of them?
No.
Can I sell a property to my spouse?
No.
But if there is a debt between you, you can formalise a transfer of property in settlement of it.
Please contact us.
Can I give a property to my spouse?
You can, provided you are not married under the mandatory regime of separation of property.
If you are married under general community, community of acquired property, or separation adopted by prenuptial agreement, you can make the gift, but it is revocable at any time and lapses if your spouse dies before you, unless you confirm it within three months of their death.
The gift also lapses on divorce or judicial separation.
I am buying a property. How should I pay the price?
In principle payment cannot be made in cash (Law no. 92/2017 of 22 August).
The deed must identify the number of the cheque issued in payment and the drawee institution or, in the case of a bank transfer, the payer’s and payee’s account numbers and their banks.
If payment was made earlier, that date must also be given.
You should contact the seller to find out whether they want a certified or banker’s cheque.
If the property is subject to a mortgage in favour of a credit institution, a certified or banker’s cheque made out to the bank will be needed for the amount outstanding at the date of the deed. The seller can also advise you on this.
I am buying a property. How can I be sure that no public body will exercise a pre-emption right?
You need not worry.
Provided you give us the necessary details we handle the publication in the proper place.
After 10 working days you can sign your contract without any risk.
I am selling a property. Can the deed go ahead without an energy certificate?
The absence of an energy certificate does not prevent the deed from being signed.
On a sale, a transfer in settlement of a debt or a letting, however, the energy certificate must be obtained and handed to the acquirer at the act, failing which the competent body may impose a fine.
Some situations are outside energy certification (see articles 3 and 4 of Decree-Law no. 118/2013 of 20 August).
I am selling a property. Do I need the housing technical data sheet?
If you are selling the property, you are a professional and the use permit is dated after 29/03/2004, you must produce the technical data sheet and hand it to the buyer.
If you are selling the property, you are a private individual and the use permit is dated after 29/03/2004, you only need to produce it and hand it to the buyer if it was handed to you when you bought (check your purchase deed).
I want to sell a property built before 1951. Do I need a permit?
No, provided you can evidence that with a note on the property tax record or a municipal certificate.
I want to sell a property built in 1964. Do I need a permit?
It depends on the date the General Urban Building Regulations (REGEU) came into force in the area where the property is located.
Please check with the relevant municipal council.
I want to transfer a property, but it is not regularised. Is that possible?
Yes.
Please contact us.
Can I sell or divide a mortgaged property?
You can if the acquirer agrees, but the bank may require immediate repayment of the debt.
I signed a promissory contract to buy a property. Should I register it?
Definitely.
That is the only way you will be protected.
If you want stronger guarantees you can sign a promissory contract with proprietary effect and register it.
Please contact us.
I want to divide our assets on divorce, but a friend told me that this will push up the interest on my loan. Is that right?
Not if whoever acquires the property can show that their household’s income gives a debt-to-income ratio below 55%.
Where the household has two or more dependants, they must show a ratio below 60%.
The same answer applies on judicial separation.
I lived with my partner but we have separated and we want to divide our jointly owned property. We have been told this will push up the interest on the loan. Is that correct?
No, on the same conditions as in the previous answer.
I have divorced and we are dividing our assets so that I keep the house and take on the loan. Does the bank need to be involved?
No.
But for that assumption of debt to release your former spouse as against the bank, the bank must consent, either at the deed or afterwards.
I lived with my partner but we have separated and we want to divide our jointly owned property so that I keep the house and take on the loan. Does the bank need to be involved?
The answer is the same as in the previous question.
I own a property that has been in my possession for many years, but I never signed a deed. What should I do to regularise it?
Please contact us.
I have a plot with two houses built on it. My parents have died and I want to keep one house and my brother the other. How can we divide it?
Please contact us.
Estates and related matters 7
I need a document certifying who the heirs of a person are. What should I do?
Please contact us.
We can obtain all the documentation, provided you give us the details needed.
The deed can be executed with the estate administrator present or, alternatively, with three declarants.
I am the estate administrator of an estate I want to disclaim. Can I do that?
Please contact us.
I disclaimed an inheritance. Can I go back on it?
No.
I accepted an inheritance. Can I go back on it?
No.
I am going to disclaim an inheritance. Does my spouse have to consent?
If you are married under community of acquired property or general community of property, yes.
My father made a will leaving a property to a cousin of mine, but he identified the property wrongly and it cannot be registered. How can this be resolved?
A deed establishing title, if possession has lasted more than 20 years. Another option is for all the heirs to acknowledge that right.
My mother died and I divided the estate with my siblings and registered it, but we then discovered that she had already sold one of the properties. How do I resolve this?
Please contact us.
Companies 7
I need to have my signature certified in my capacity as a manager. What should I do?
You should contact the practice and explain what kind of document you need your signature certified on. You will need to bring a valid commercial registry certificate, or its access code, and your identification within its validity period.
A set of minutes may also be needed.
Please contact us.
I am a shareholder in a company that owns a property and is going to sell it. Who needs to sign?
If the company’s objects include buying and selling property, the managers who bind the company.
If the objects are something else, the shareholders (unless the articles give the managers authority to do so).
I am a shareholder in a company that owns a vehicle and is going to sell it. Who needs to sign?
The managers who bind the company.
I am a manager of a company but I want to resign. What should I do?
You should send a registered letter with acknowledgement of receipt to the company’s registered office and contact the practice to apply for registration of your ceasing to hold office.
I am a shareholder and manager of a company with another shareholder who is also a manager and who has resigned. The company is bound by the signatures of two managers and I urgently need to sign a contract, but the company currently has only one manager in office, namely me. What should I do?
Either all the current shareholders sign the contract, or a second manager must be appointed.
I am married under community of acquired property and formed a company with my brother after marrying. Who is the shareholder — me, my spouse, or both of us?
The shareholder is only the spouse who formed the company, although the holding belongs to the couple.
I was a shareholder in a company that has been dissolved, and it now turns out that assets are still in its name. What should I do?
Please contact us.
Taxes 4
I bought a house while single, with my then partner. We later married and bought another house. We have now divorced. Do we have to sign two deeds?
No.
Not least because if you do, you will pay far more tax.
Please contact us.
My husband has died and I want to put all the assets in my children’s names without receiving anything in return. I have to divide the estate, don’t I?
That may not be the best solution in tax terms.
Please contact us.
I have one child, but I divorced their father and the house we live in has not yet been divided with my ex-husband. I want to keep the life interest in my name and the rest to go to my child. What should I do?
You should contact the practice, because there are several possible answers and only one of them will be the most favourable to you in tax terms.
Please contact us.
Can I ask the practice what taxes I will have to pay?
Yes.
Please contact us.
Tell us what you want to achieve and we will choose the solution that is most favourable to you in tax terms.

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