For many expats moving to Portugal, estate planning is not something they think about early on. Property comes first. Residency. Taxes. Life settles in.
Then at some point, the question comes up.
What actually happens to my assets if something happens to me?
The answer is often not what people expect.
Portugal inheritance law applies by default to assets located in Portugal. And it comes with rules that can override your intentions.
The opt-out solution exists to give you a choice. But only if you set it up correctly.
What Is the Opt-Out Solution
In simple terms, the opt-out solution allows you to choose the law of your nationality to apply to your estate instead of Portuguese inheritance law.
If you are living in Portugal and hold assets here, Portuguese law will apply automatically unless you actively choose otherwise.
This matters because Portugal follows a forced heirship system. A portion of your estate must go to specific heirs, typically children or spouses.
For many expats, this is very different from what they are used to.
With the opt-out solution, you can elect your home country’s law to apply instead.
Why It Matters More Than People Think
Many expats living in Portugal have:
- Property in Portugal
- Investments or savings
- Business interests
- A will already set up in another country
The assumption is that everything is already covered. It is not.
A foreign will does not automatically apply to Portuguese assets.
Without proper estate planning in Portugal, local law will take over.
And that can change outcomes in ways people do not anticipate.
A Simple Example
Take someone living in Portugal with assets in multiple countries.
In places like the U.S or the UK, there is generally more flexibility in how assets are distributed.
Portugal is different. Inheritance law is stricter and limits how freely you can allocate your estate.
Unless you put an opt-out solution in place, Portuguese rules apply to what you own here.
Dual Nationality
A common question is whether dual nationals can choose which law applies.
They can.
If you hold more than one nationality, you can select one of those national laws to govern your estate.
But this is not automatic. It must be formally chosen as part of your estate planning.
If You Do Nothing
If no planning is done, the default applies:
- Portuguese inheritance law governs your estate
- Your flexibility may be limited
- Your foreign will may not be effective in Portugal
For straightforward cases, this may not create issues.
For more complex situations, it often does.
Children and Guardianship
For families, estate planning is not just about assets.
It is also about what happens to children.
A Portuguese will can include:
- The opt-out solution
- The choice of applicable law
- Guardianship provisions
These are separate legal areas, but they should be addressed together to avoid uncertainty.
How It Is Put in Place
The opt-out solution is done through a Portuguese will.
It requires:
- A clear election of your national law
- Alignment with any existing wills in other countries
- A structure that reflects your specific situation
There is no one size that fits all approach. Each case depends on your assets, family, and long-term plans.
What This Really Comes Down To
Most people only look at this when something triggers it. A property purchase. A child. A conversation with a lawyer.
By then, decisions are often more complex.
If you are living in Portugal and building assets here, this is something to address early.
The opt-out solution is simply about keeping alignment.
Between countries.
Between legal systems.
Between what you intend and what actually happens.
Frequently Asked Questions
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