Portugal continues to attract international investors, expatriates and families seeking stability, quality of life and long-term opportunities. As these connections deepen, ensuring a clear plan for the future of assets held in Portugal becomes increasingly important.

Although this is not always a priority during relocation or investment, proper succession planning—particularly through the execution of a Portuguese will—has become ever more relevant in today’s cross-border reality.

Understanding Succession Law in Portugal Today

Since the entry into force of the European Succession Regulation (Regulation (EU) No. 650/2012), inheritance matters across the European Union have been significantly harmonised. As a general rule, succession is governed by the law of the deceased’s habitual residence at the time of death, unless a different law (typically nationality) has been expressly chosen.

This framework creates flexibility—but also uncertainty.

Determining “habitual residence” is not always straightforward and may only be clarified after death, potentially leading to unexpected legal outcomes for heirs. In practice, this means that without proper planning, your estate could be subject to a legal system you did not intend.

Why a Will in Portugal Is Essential

Executing a will in Portugal is not merely a formal step—it is a strategic decision that ensures clarity, predictability and legal security.

A Portuguese will allow you to:

• Define the applicable law to your succession, reducing cross-border conflicts
• Clearly identify heirs and asset distribution, avoiding ambiguity
• Facilitate estate administration in Portugal, especially when local assets are involved
• Ensure alignment with Portuguese legal requirements, including forced heirship rules

Under Portuguese law, a will is a unilateral and revocable act that determines how assets are distributed after death.

Types of Wills Available in Portugal

Portuguese law recognizes different forms of wills, the most common being:

• Public Will – executed before a notary, in the presence of witnesses
• Closed (Sealed) Will – written by the testator and later approved by a notary.

The public will remain the most widely recommended option, as it provides greater legal certainty and reduces the risk of formal invalidity.

Key Requirements to Execute a Will

Executing a will in Portugal is a straightforward process, but it must comply with specific formalities:

• The testator must have legal capacity
• The will must be executed in Portugal
• Two witnesses are required for a public will
• The document is drafted in Portuguese (with translation support if needed)

Wills are executed before a notary and can be arranged at any time by appointment.

Practical Considerations for International Clients

For foreign nationals with assets in Portugal, having a local will offers significant advantages:

• Simplifies probate procedures for Portuguese assets
• Reduces administrative delays and costs
• Ensures compatibility with local legal and notarial systems

Additionally, a will executed in Portugal may be recognised abroad, depending on the applicable law and international conventions, reinforcing its usefulness in cross-border estate planning.

Looking Ahead: Why Timing Matters

In an increasingly mobile world, where individuals hold assets across multiple jurisdictions, succession planning should not be postponed.

Legal frameworks, personal circumstances and residency status can all change over time. Having a properly structured will ensures that your intentions are respected and that your heirs are protected from unnecessary legal complexity.

Securing Your Legacy

A will is more than a legal document - it is a fundamental tool to safeguard your legacy.

Whether you are a resident, investor or planning to relocate to Portugal, taking proactive steps today can prevent significant complications in the future. By clearly defining your wishes and aligning them with Portuguese law, you provide certainty for yourself and peace of mind for those who matter most.

At IAS, we provide comprehensive support in all aspects of succession planning in Portugal. Our team is available to guide you through each step of the process, ensuring that your assets are structured and protected in accordance with your intentions and applicable law.