section 1966
Persons incompetent to be witnesses, certifiers or interpreters in a Will
The Portuguese Civil Code, 1867The following persons cannot be witnesses, certifiers or interpreters in a Will: 1. Foreigners; 2. Minors who are not emancipated; 3. Those who are not in their perfect senses; 4. The deaf, dumb, blind and those who do not understand Portuguese language; 5. Those who have direct interest in the Will; 6. Husband and Wife together; 7. Ascendants, the husband and the father-in-law or the mother-in-law, respectively in the Will of the descendants, of the wife and of the son-in-law or of the daughter-in-law, and vice-versa; 8. The ascendants, descendants and spouses, as well as the assistants, clerks and employees of the notary who have taken part in the Will, and the notaries for whom the assistants are working. § 1 - The intervention as witness, of any of the persons mentioned in clauses 5 and 7 will cause nullity of the respective institution of heir or legatee only. § 2 - A common and general mistake in respect of capacity of attesting witness, does not cause the nullity of the respective act.
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