For parents moving to Portugal, making a will is often something that stays at the bottom of the relocation checklist.
There are visas to arrange, tax registrations to complete, property decisions to make and schools to choose. Estate planning can feel like something to deal with later.
But for parents, a will is about much more than deciding who receives your assets. It is also about making your wishes clear, protecting your children and avoiding unnecessary uncertainty for your family.
For international families, the situation can become particularly important because Portuguese succession rules may interact with the laws of another country.
Do You Need a Portuguese Will?
There is no general requirement to make a Portuguese will simply because you live in Portugal or own property here.
However, having a properly structured will can make the administration of an estate significantly clearer.
This is particularly worth considering if you:
- Own property in Portugal
- Have children under 18
- Have assets in more than one country
- Have a spouse or partner of a different nationality
- Already have a will made in another country
- Have children from a previous relationship
- Want to decide which country's succession law should apply to your estate
Without appropriate planning, your estate may be distributed according to the succession law that applies automatically rather than according to what you assumed would happen.
What Happens If You Die Without a Will in Portugal?
If Portuguese succession law applies and there is no valid will, the estate will generally pass according to Portugal's statutory succession rules.
The precise outcome depends on which relatives survive the deceased, but spouses and descendants are usually among the first people entitled to inherit.
For parents, this means that Portuguese law may determine how assets are divided between a surviving spouse and children rather than leaving that decision entirely to the parents.
A will gives you more control, although that control is not unlimited.
Portugal Has Forced Heirship Rules
One of the most important concepts for international parents to understand is Portugal's system of forced heirship.
Under Portuguese law, certain close relatives are considered protected heirs. These include spouses, descendants and, in some circumstances, ascendants.
A legally protected portion of the estate, known as the legítima, is reserved for these heirs and generally cannot simply be given to someone else through a will.
For example, where a spouse and children inherit together, two thirds of the estate is generally reserved for them. If there is no surviving spouse, one child is generally entitled to a reserved share of half of the estate, while two or more children collectively have a reserved share of two thirds.
The remaining part of the estate is the portion that can generally be distributed more freely through a will.
This can be very different from inheritance systems in countries where parents have much greater freedom to leave their estate to whoever they choose.
Can Foreign Parents Choose Their Home Country's Law?
Potentially, yes.
The EU Succession Regulation provides that, as a general rule, the law governing a person's succession is the law of the country where they were habitually resident when they died.
For someone who has permanently moved to Portugal, Portuguese succession law could therefore become relevant even if they are not Portuguese.
However, the Regulation also allows a person to choose the law of a country whose nationality they hold to govern their succession. This choice should be clearly expressed in a will or other appropriate succession document.
For example, a British, American or French national living in Portugal may need to consider whether choosing their national law is appropriate for their estate.
This is an important planning decision rather than a standard clause that should automatically be included in every will. The consequences depend on nationality, family circumstances and where assets are located.
What About a Will You Already Made Abroad?
Moving to Portugal does not automatically mean that an existing foreign will becomes invalid.
A foreign will may still be recognised and used in a Portuguese succession.
However, international families should have existing wills reviewed after relocating.
A will written years ago may have been drafted on the assumption that you lived permanently in another country. It may not address Portuguese assets, your current habitual residence or the possibility of choosing the law governing your succession.
Problems can also arise where separate wills exist in different countries and the wording of one unintentionally revokes or conflicts with another.
For this reason, international estate planning should normally look at the family's entire structure rather than treating the Portuguese estate in isolation.
Can You Name a Guardian for Your Children?
For parents of minor children, this is often the most important question.
Portuguese law allows parents to express preferences concerning who should care for a child if parental responsibility can no longer be exercised.
Parents can therefore use appropriate estate planning documents to record whom they would want to take responsibility for their child.
However, naming someone does not operate in exactly the same way as transferring an asset under a will.
Questions concerning guardianship and parental responsibility ultimately have to be dealt with according to the applicable family law framework and the child's best interests. A parent's wishes can be extremely important, but the relevant authorities are not simply required to follow an instruction regardless of the circumstances.
For international families, additional practical questions should also be considered.
Does the proposed guardian live in Portugal or abroad?
Would the child need to relocate to another country?
Does the guardian have the practical ability to care for the child?
Are there immigration or nationality issues affecting the child?
Would both parents make consistent arrangements?
These questions are often just as important as the wording of the will itself.
What Happens to Assets Inherited by Minor Children?
Children can inherit property and other assets in Portugal.
However, a minor cannot generally manage inherited assets in the same way as an adult. Portuguese law provides mechanisms for representation and administration of a minor's property, and additional safeguards can apply where minors are involved in an inheritance. Portuguese procedural law also provides for the involvement of the Public Prosecutor in certain inheritance proceedings where an estate passes to minors.
This makes planning particularly important where significant property, investments or business interests may pass directly to children.
Parents should consider not only who inherits, but also what the practical consequences would be if a child inherited while still very young.
Does a Will Decide Who Gets Life Insurance or Pensions?
Not necessarily.
Some assets pass according to contractual beneficiary nominations or specific legal rules rather than under the terms of a will.
Life insurance policies, pension arrangements, company interests, jointly held assets and investment structures may each need separate consideration.
This is why an estate plan should begin with a complete overview of what the family actually owns and how each asset is held.
A carefully drafted will cannot solve a problem created by an outdated beneficiary nomination or an ownership structure that was never reviewed after moving countries.
What If You Own Property in Portugal and Abroad?
This is one of the most common situations for international families.
A parent might live in Portugal while owning:
- A Portuguese home
- A property in their home country
- Foreign investment accounts
- Shares in a company
- A pension abroad
- Bank accounts in several jurisdictions
Although EU succession rules are designed to make cross border estates more coherent, different countries may still have their own rules concerning property registration, taxation, probate procedures and recognition of documents.
The EU framework generally aims for one law to govern the succession as a whole rather than applying a completely different succession law to every asset.
But that does not mean administration becomes identical in every country.
Cross border estates therefore need coordination.
Does Portugal Have Inheritance Tax?
Portugal does not have a traditional inheritance tax in the same form found in many other countries.
Instead, certain transfers on death may fall within Portuguese Stamp Duty rules.
Transfers to a spouse, descendants or ascendants are generally exempt from Portuguese Stamp Duty on inheritance, although other relatives or beneficiaries may be treated differently.
For international families, the Portuguese position should not be considered on its own.
Another country may still impose inheritance, estate or similar taxes because of the deceased's nationality, domicile, assets or the residence of the beneficiaries.
This is particularly important for families connected with jurisdictions that continue to tax estates even after a person has moved abroad.
When Should Parents Review Their Will?
A will should not be viewed as something that is written once and forgotten.
It is worth reviewing your estate planning after major changes such as:
- Moving permanently to Portugal
- Buying Portuguese property
- Having another child
- Marriage or divorce
- Changing nationality
- Receiving a significant inheritance
- Starting or selling a business
- Moving assets between countries
- A substantial change in your family's financial position
- Changes in succession or tax law
For international families, a change of country can be just as important as a change in family circumstances.
The Important Question Is Not Simply Whether You Have a Will
For parents living in Portugal, the better question is whether the will you have actually works with your current life.
Where do you live?
Which nationalities do you hold?
Where are your assets?
Which succession law will apply?
Who should inherit?
Who would care for your children?
And would your existing documents still produce the result you expect?
These issues are much easier to address while everything is straightforward.
A move to Portugal is therefore a sensible moment to review your will and wider estate planning, particularly where children or assets in several countries are involved.
Frequently Asked Questions
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