Portuguese Will & Succession Planning

Portuguese Will & Succession Planning for Property Owners

If you own property in Portugal and do not have a Portuguese will, your assets will be distributed according to Portuguese forced heirship rules — which may be very different from what you intend. A Portuguese will, drafted by a bilingual succession lawyer, is the single most important step any property owner in Portugal can take to protect their estate. We connect you with the right legal professional and coordinate the full process.

From €200 · Coordination fee · Lawyer fees separate

Why Every Property Owner in Portugal Needs a Portuguese Will

This is not alarmist advice — it is something every bilingual succession lawyer in Portugal tells their clients. Portuguese succession law contains forced heirship provisions that can override the apparent meaning of a foreign will when Portuguese assets are involved. The solution is straightforward: a Portuguese will, properly drafted, that either conforms to or explicitly elects law that achieves your intentions.

We are not lawyers — we connect you with trusted bilingual succession lawyers from our professional network, coordinate the consultation and appointment process, and ensure nothing falls through the gaps between legal advice and practical administration.

Understanding Portuguese Succession Law

Forced heirship (legítima)

Portuguese law reserves a minimum share of any estate — the legítima — for certain close relatives (spouse, children, parents). This share cannot be distributed freely even if a will says otherwise, unless the will correctly invokes the exception mechanisms available under EU law. For a spouse and one child, the reserved share is typically two thirds of the estate.

EU Regulation 650/2012 — your most important tool

If you are a national of an EU member state (or in some cases a non-EU national), EU Regulation 650/2012 allows you to elect the succession law of your nationality to govern your entire estate across the EU. This means a German, Irish, French or other EU national resident in Portugal can elect their home country's law — potentially avoiding Portuguese forced heirship entirely. This election must be explicitly stated in a valid will. We ensure your succession lawyer explains this to you and incorporates it correctly.

Note for UK and US nationals: As non-EU nationals, UK and US citizens cannot elect their home country's law under EU Regulation 650/2012 in the same straightforward way. There are other mechanisms available — your bilingual succession lawyer will advise on the most appropriate structure for your situation.

Multiple wills — Portugal and your home country

Having a Portuguese will does not invalidate your home country will. Most succession lawyers recommend a Portuguese will specifically addressing Portuguese assets and a home country will for assets there. The key is ensuring the two documents do not conflict. We coordinate this review as part of the consultation process.

How We Help

Introduction to bilingual succession lawyer

We connect you with a trusted bilingual succession lawyer from our professional network who specialises in expat succession matters and Portuguese property law.

Succession planning consultation

The lawyer advises on your specific situation — your assets, your family structure, your nationality — and explains the options under Portuguese and EU law.

Will drafting

The lawyer drafts a Portuguese will that reflects your wishes and is legally robust under both Portuguese law and relevant EU regulations. We coordinate translation of any supporting documents.

Notary appointment and signing

The will is signed at a Portuguese notary in a formal appointment. Carlos can accompany you to translate and explain the process if needed.

Frequently Asked Questions

About portuguese will & succession planning in Portugal

Yes, strongly recommended. Without a Portuguese will, your Portuguese assets will be distributed according to Portuguese succession law — which includes forced heirship provisions that reserve portions of your estate for certain relatives regardless of your wishes. A Portuguese will, combined with an election of your home country's law under EU Regulation 650/2012, gives you significantly more control over who inherits your Portuguese assets.

EU Regulation 650/2012 (the European Succession Regulation) allows EU residents to elect the succession law of their nationality to govern their estate, instead of the law of their country of residence. For example, a British or American national resident in Portugal can elect UK or US succession law for their Portuguese assets, avoiding Portuguese forced heirship provisions. This election must be made explicitly in a valid will. We explain this to every property-owning client.

Portuguese law reserves a minimum portion of your estate (the legítima) for certain relatives: typically your spouse and children, and in some cases parents. This portion cannot be freely distributed regardless of what your will says. The legítima for a spouse and one child is typically 2/3 of the estate. Without a will electing foreign law, these rules apply to your Portuguese assets automatically.

You can have a will in multiple countries. Typically the most effective approach is a Portuguese will that deals specifically with your Portuguese assets (particularly property) and explicitly addresses the law governing succession, while your home country will deals with assets there. Your bilingual succession lawyer will advise on how to structure this to avoid conflicts between the two documents.