For foreign residents living in Portugal, having a valid will is one of the most effective ways to ensure that their assets are managed and distributed according to their wishes.
The EU Succession Regulation
The European Succession Regulation (Regulation (EU) No 650/2012) applies in Portugal and creates a unified legal framework for cross-border inheritances within the European Union.
Under this regulation, the law governing a person’s succession is, by default, that of their habitual residence at the time of death.
This means that if someone is tax resident in Portugal, Portuguese law will usually apply to their entire estate — unless they choose otherwise.
Choosing Your National Law
The regulation offers an important option: anyone may choose the law of their nationality to govern their succession.
For example, British, South African, or North American citizens living in Portugal can state in their Portuguese will that their estate should be governed by their national law.
This can be especially useful since Portuguese inheritance law includes mandatory “forced heirship” rules that reserve a fixed share of the estate for close relatives such as spouses, children, or parents.
By choosing their national law, many people gain greater freedom to decide how their assets will be distributed.
Why Make a Will in Portugal
Having a will drafted in Portugal also brings practical advantages. It allows you to:
  • Clearly define how your Portuguese assets should be handled.
  • Appoint representatives to manage your estate locally.
  • Avoid potential legal conflicts between jurisdictions.
  • Prevent delays for your heirs.
 
Overall, this makes the inheritance process smoother and more efficient.
A Practical Step for International Residents
For anyone living in Portugal with international ties, preparing a will under the EU Succession Regulation ensures:
  • Legal certainty
  • Respect for personal wishes
  • Easier estate management for heirs in Portugal and abroad
 
It combines flexibility with security, allowing you to align your estate planning with Portuguese procedures while preserving your own national legal traditions.

Frequently Asked Questions

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What is the EU Succession Regulation and how does it affect wills in Portugal?
The EU Succession Regulation (Regulation (EU) No 650/2012) creates a unified legal framework for cross-border inheritances within the EU, allowing individuals to choose their national law to govern their succession instead of the law of their habitual residence.
Can I choose my home country's law for my will if I live in Portugal?
Yes, under the EU Succession Regulation, you can choose the law of your nationality to govern your succession, which can help avoid Portugal's forced heirship rules.
Why should I make a will in Portugal if I have assets in other countries?
Making a will in Portugal allows you to clearly define how your Portuguese assets should be handled, appoint local representatives, and prevent legal conflicts between jurisdictions.
What are the benefits of choosing my national law for my will in Portugal?
Choosing your national law can provide greater freedom in deciding how your assets are distributed, bypassing Portugal's mandatory inheritance rules.
How does having a will in Portugal help my heirs?
A will drafted in Portugal can prevent delays and ensure smoother estate management for your heirs, both locally and internationally.